Anjani Kumar Mishra, J. - (1.) THIS is a recall application filed by Sri Masi Ullah Khan son of late Azmat Ullah Khan respondent No. 4/2 for recall of the order dated 16.2.2012 passed by this Court. I have heard Sri Ateeq Ahmad Khan learned Counsel for the applicant who has filed the recall application and Sri Ravi Agarwal who appears for the petitioners in the writ petition.
(2.) THE facts of the case briefly stated are that the petition arises out of an objection under section 9 -A(2) of the U.P. Consolidation of Holdings Act. The dispute between the parties pertains to land of Khata No. 15 situated in Village Bahadurgarh, Pargana Pooth, Tehsil Garh, District Ghaziabad. This writ petition was decided finally by means of the judgment and order dated 23.5.2006, the operative portion whereof is quoted here under: - - "Accordingly writ petition is dismissed as withdrawn in terms of the application dated 27.2.1997. However it is directed that within three months from today total amount of Rs. 1,50,000/ - shall be paid by respondent No. 4 to the petitioner which will consist of Rs. 1,20,000/ - agreed to be paid by respondent No. 4 in 1997 and interest thereon. In case if within three months from today the aforesaid amount of Rs. 1,50,000/ - is not paid to the petitioner through draft drawn in his name then this order shall stand vacated and writ petition shall stand restored to its original number." It appears that another order was passed on 22.12.2006 which is also extracted below: - - "Accordingly respondent No. 4 is absolved of his liability to pay Rs. 1,50,000/ - to the petitioner until petitioner makes an application in the regard in this writ petition. Respondent No. 4 may keep the aforesaid amount of Rs. 1,50,000/ - in some interest bearing account so that if subsequently application for acceptance of this amount is filed some reasonable interest may also be considered to be paid to the petitioner.
(3.) THEREAFTER , an application No. 170464 of 2006 dated 23.8.2006 was filed by the respondent. Another application was filed by the petitioners through Sri S.A. Shah advocate alleging therein that the respondent No. 4 had not paid the amount of Rs. 1,50,000/ - to the petitioner as ordered. Both the aforesaid applications were heard and an order was passed on 5.7.2007 directing the respondent No. 4 to pay the amount of Rs. 1,55,000/ - and it was further directed that the said amount be deposited before the Deputy Director of Consolidation/Collector, Ghaziabad within six weeks from the date of the order.;