BAL KRISHAN Vs. CHIEF REVENUE COMMISSIONER AND ORS.

JUDGEMENT

(1.) Recall Application (MCC No. 554 of 2013) is filed seeking recall of the judgment dated 07.08.2013, passed by the Hon'ble B.S. Verma, J. as His Lordship then was, allowing WPMS No. 1209 of 2002, Bal krishan Vs. Chief Revenue Commissioner and others.

(2.) The main grievance of Mr. Bhupendra Singh, learned counsel appearing for the respondent nos. 3 and 4 in the writ petition/ applicants herein that although respondent nos. 3 & 4 have engaged Sri Jagdish Prasad and Sri Gopal Krishan, Advocates to represent them, however, none has appeared to argue the matter on 07.08.2013. Consequently, Writ Petition (M/S) No. 1209 of 2002 was decided ex parte against them, vide judgment and order dated 07.08.2013. Consequently, judgment and Order dated 07.08.2013 be recalled and writ petition be heard at its own merit de novo.

(3.) Mr. S.K. Mandal, learned counsel for petitioner, Mr. Bhupendra Singh, learned counsel appearing for the applicants/respondent nos. 3 & 4, Mr. Gajendra Tripathi, learned Brief Holder, appearing for respondent No. 1 and 2, and Mr. A.K. Joshi, Advocate for respondent no.5 fairly submitted that present applicant may be treated as Review application and may be heard and disposed of as such. Further, contended that if in the opinion of this Court judgment dated 07.08.2013 is found to be perverse or liable to be reviewed it may be reviewed/recalled.