A.K.Yog, J. - (1.) Heard Sri Rajesh Tandon, Senior Advocate assisted by Miss. Rama Goel. Advocate appearing on behalf of applicant/respondent No. 2, as well as Sri A.N. Sinha, Advocate appearing on behalf of the petitioner.
(2.) The present recall application has been filed with a prayer, the relevant extract of which reads: "It is therefore, most respectfully prayed that this Hon'ble Court may be pleased to recall the directions contained in the order dated 21st January, 2002, passed by Hon'ble Mr. Justice A.K. Yog, to the following effect, otherwise it will amount to reopening of the vacancy case which has already been decided on the evidence already on the record of the case : "Consequently, I direct the Prescribed Authority/Rent Control and Eviction Officer (Respondent No. 1) to decide the application dated 7th January, 2002 and 5th December. 2001 (Annexures VIII and IX to the writ petition)"...."
(3.) Sri Rajesh Tandon, senior advocate appearing on behalf of the applicant-respondent No. 2 has drawn my notice to Para 6 of the affidavit filed in support of recall application, which reads : "6. That to the best of the knowledge of the respondent, even the application dated 5th December, 2001 was not available on the record and I fact has wrongly been stated before the Hon'ble Court for the purposes of getting the case reopened and that too without hearing the respondents." Sri Tandon advocate has also drawn my attention to the order dated 21 November, 2001 passed on the order sheet by Rent Control and Eviction Officer Kanpur Nagar in Case No. 151 of 2001 (particular Page 50 of the recall application) indicating that amendment application was rejected and hence question for an opportunity being granted to the other side for filing documents in rebuttal had arisen. It was also submitted that the documents which were accepted by the Court on 21st November. 2001 were the originals: the photostat copies of the documents already on record. The applicant It also referred to Annexure-4 of the recall application (particular Page 72. the recall application) to show that application dated 5th January, 2002 : referred to Annexure-4, particular Page 72 of the application) which purports to be a copy of the application dated 5th January, 2002, was filed on 2s January. 2002. This application was moved under Section 34 of the U.PJ No. XIII of 1972 read with Rule 22 (f) of the Rules framed under the A It is also submitted that this application was filed after the judgment and order of this Court dated 21st January, 2002 dismissing the writ petition.;