ASHOK Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri R.K. Pandey, holding brief of Sri Manoj Kumar Srivastava, learned counsel for the petitioner, Sri Deepak Kumar Srivastava, learned Standing Counsel and learned counsel for the Gaon Sabha, for the respondents. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal.

(2.) Through this writ petition, the petitioners have prayed for issuing a writ of certiorari quashing the orders dated 17.2.2011 and 16.5.2011 passed by the learned Member, Board of Revenue in second appeal No. 8 of 2005-06 (Ashok v. Smt. Chandra Dew and others), vide order dated 17.2.2011, the application, as alleged, filed by the petitioners, for withdrawal of the second appeal has been allowed, whereas by the subsequent order dated 16.5.2011, the petitioners' application for recall of the order dated 17.2.2011 has been rejected.

(3.) It appears that against the judgment and decree dated 9.6.2000 passed by Additional Commissioner (Judicial), Bareilly Division, Bareilly in appeal No. 148/81/2001 (Smt. Chandra Devi v. Ashok and others), the aforesaid second appeal No. 8 of 2005-06 was filed. The said appeal was admitted and an order for maintaining status quo was passed on 14.2.2006. The appeal was filed by one Sri V.C. Srivastava, learned counsel for the appellant. It appears, later on an application was filed on behalf of the appellant through Sri Kallan Tiwari, learned counsel, for withdrawal of the aforesaid appeal on 30.12.2010. The said application was allowed, after hearing Sri Kalian Tiwari, learned counsel for the appellant and Sri Deepak Srivastava, learned counsel for the respondent. The petitioner herein/the appellant has filed an application for recall of the aforesaid order on the ground that he has not instructed Sri Kalian Tiwari to file withdrawal application and while filing the same, the papers signed by the petitioners were misutilized by the counsel. It was also stated that the applicant is a semi-illiterate person and he can anyhow makes his initials. He cannot even read the contents. Taking advantage of this, the application has been filed for withdrawal of the appeal, therefore, order passed thereon be recalled.