BABU LAL Vs. COLLECTOR VARANASI

JUDGEMENT

(1.) R. A. Sharma, J. Five persons have filed this writ petition for writ of mandamus directing the respondents not to demolish the premises on plot No. 179/2 area 10 decimals of village Churampur, pargana Dehat Amanat, Tahsil and District Varanasi and not to evict them therefrom. Respondents No. 1, 2 and 3 are Collector, Additional Collector and Deputy Collector (South) Varanasi respectively. Senior Superintendent of Police, Circle Officer Cantt and Station Officer Incharge Police Station Maduwadeeh, Varanasi are respondents No. 4, 5, and 6. Sri Sewa Lal has been impleaded as respondent No. 7.

(2.) . Respondent No. 7 has filed a Civil Suit No. 652 of 1993 in the Court of Civil Judge, Varanasi for declaration that he is the owner of premises on plot No. 179/2 of the village mentioned hereinabove (hereinafter referred to as the premises ). Further prayer for injunction restraining the defendant from interfering with his possession over the said plot, has also been made. In this suit only Gaon Sabha of the said village has been impleaded as defendant. Petitioners No. 1 and 2 moved an application for impleadment in that suit which was rejected by the trial Court. They, therefore, filed a civil revision No. 190 of 1994 before this Court, challenging the order rejecting their application for impleadment. In the revision an interim order was passed by this Court staying the further proceeding in civil suit. However, this revision was dismissed in default on 18. 7. 1995. Both the petitioners claim to have made application for recall of the aforesaid order, which has not been decided so far.

(3.) RESPONDENT No. 7 has moved an application for recall of the above interim order. Further prayer for dismissing the writ petition has also been made therein. As the application contains prayer for recall of interim order dated 17. 8. 1995 learned Single Judge, before whom the said application was moved, was of the view that the above order can be recalled by the same Bench which has passed it and has accordingly directed the application to be listed before us.