GOPAL DUTT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This application is now filed seeking recall of the order passed by us in WPPIl No. 94 of 2012 dtd. 25/3/2019.

(2.) Sri. Siddharth Singh, learned counsel for the applicant, entered appearance on 15/5/2019 long after the writ petition was disposed of by order dtd. 25/3/2019. The contention urged on behalf of the applicant, by Sri. Sidhartha Singh, learned counsel, is that the earlier counsel, who appeared on behalf of the respondent (applicant in the recall application) was elevated as a Judge; thereafter another counsel, who appeared on his behalf, also became the Government Counsel, and could no longer appear on behalf of the applicant; and, in such circumstances, the case of the applicant was not presented to this Court, resulting in the order, recall of which is now being sought, being passed.

(3.) Any action to be taken, for the failure of the counsel to intimate the applicant that he could no longer appear in the matter, since he was appointed as a Government Counsel, can only be taken up before the Bar Council of the State on a complaint being lodged against him by the applicant. That would, however, not, by itself, require the order passed by us on 25/3/2019 being recalled. An application, for recall of the earlier order, would not be ordered for the mere asking. Such an application would be entertained by the Court only if the order, recall of which is sought, suffers from lack of jurisdiction or is vitiated by fraud or the like. It is not even contended before us that the said order suffers from any such infirmity. Even otherwise, Sri. Siddharth Singh, learned counsel, is not in a position to show how the applicant can be said to be aggrieved by the order dtd. 25/3/2019, as the said order merely directs the official respondents to put the alleged encroachers on notice, give them a reasonable opportunity of being heard, thereafter pass a reasoned order, and, if the authorities are satisfied that the persons in possession of the subject land have no title thereupon and are mere encroachers, to then take steps to have them evicted from the subject land.