S.C.CHAURASIA,J. - (1.) HEARD the learned Counsel for the petitioner, Sri D.P. Dutt Tiwari holding brief of Sri Devi Baksh Singh Chauhan, learned Counsel for oppo­site party No. 2, learned Standing Counsel and perused the record.
(2.) THIS writ petition under Article 226 of the Constitution of India has been filed with the prayer that a writ, order or direction in the nature of certiorari may be issued quashing the impugned order dated 11.06.2010 passed by opposite party No. 1, contained as Annexure No. 1 to the writ petition. Learned Counsel for the petitioner has submitted that the revisional Court has remanded the recall application moved by the petitioner for disposal afresh, but, has not stayed the operation of the impugned ex-parte order dated 03.03.2006 by virtue of which, name of Mata Prasad Singh has been mutated in place of Shiv Kumar Singh. His contention is that if the operation of the said order is not stayed, the recall application moved on behalf of the petitioner would become infructuous.
(3.) LEARNED Counsel for the opposite party No. 2 has submitted that the recall application moved by the petitioner may be disposed of on merits, but, during pendency of the said application, the operation of the order dated 03.03.2006, may not be stayed.;