- (1.) This is an application with a prayer to recall the judgment and order dated 1st May, 2007 passed by this Court dismissing the writ petition. The basic ground taken in the recall application is that since the dispute pertains to district Pratapgrah which falls within the territorial jurisdiction of Lucknow Bench of this Court as such the order passed is without jurisdiction and liable to be recalled.
(2.) Writ petition was filed for a writ of certiorari against the order of Deputy Director of Consolidation, Pratapgarh and was entertained at Allahabad and was finally decided.
(3.) It is contended that since there was no order as contemplated by second proviso to Article 14 of the U.P. High Courts (Amalgamation) Order 1948 hence writ petition pertaining to jurisdiction of Lucknow Bench of this Court could neither have been entertained muchless decided by this Court. In support of the contention, learned counsel for the petitioner has relied upon Full Bench decision of this Court in the case of Nirmal Dass Kathuria v. State Transport (Appellate) Tribunal, U. P., Lucknow, 1972 AIR(All) 200, wherein following questions were referred for the opinion of the Full Bench: 1. Can a case falling within the jurisdiction of the Lucknow Bench of this Court be presented at Allahabad? 2. Can the Judges sitting at Allahabad summarily dismiss a case presented at Allahabad pertaining to the jurisdiction of the Lucknow Bench. 3. Can a case pertaining to the jurisdiction of the Lucknow Bench, presented and entertained at Allahabad, be decided finally by the judges sitting at Allahabad, without there being an order as contemplated by the second proviso to Article 14 of the U.P. High Courts (Amalgamation) Order, 1948?;