Ran Vijai Singh, J. - (1.) Heard Sri Nipun Singh, learned counsel for the petitioner and learned standing counsel for the State-respondents.
(2.) Through this writ petition, prayer has been made to issue a writ of certiorari quashing the order dated 9.9.2016 passed by the Additional Collector (Finance and Revenue) Hapur by which the earlier order dated 23.5.2016 passed in Case No. D2016117300171 (State v. Sunil Kumar) has been set aside and 14.9.2016 has been fixed for hearing and evidence.
(3.) While assailing the aforesaid order, learned counsel for the petitioner has made following submissions:- (i) The order impugned is patently illegal for the reason that the recall application itself was not maintainable as the counsel for the applicant seeking recall was heard, therefore the order was not ex parte order. (ii) Along with the recall application, an application under Section 5 of Limitation Act 1908 was filed on 29.7.2016 but without disposing of the application filed under Section 5 of the Limitation Act, the application seeking recall of the order dated 23.5.2016 has been allowed illegally. (iii) Since no ground was taken in the application that on 23.5.2016, the counsel for the applicant has not argued the case, therefore the recall could not be sought and in absence of such assertion, recall application could not be allowed.;