- (1.) (Civil Misc. Application No. 101305 of 2017) 1. The application seeks recall of order dated 1st March, 2017.
(2.) The applicant M/s Sethia Oil Industries Ltd. is respondent no.4 in the writ petition. The writ petition has been filed at the instance of one Ram Het, represented by Sri Sriniwas Bajpai, Advocate who is present in the Court. The petition seeks issuance of a writ in the nature of mandamus directing respondent no.1, District Magistrate, Sitapur to remove illegal encroachment in accordance with law from the land mentioned in the prayer clause.
(3.) Order dated 1st March, 2017 was passed, which is in following terms :- "The petitioner has alleged the encroachment over Chakroad Gata No. 45 situated in village Bijwar, Tehsil and District Sitapur to be made by respondent No.4, M/s Sethiya Oil Mills, Bijwar, Pargana Khairabad Tehsil and District Sitapur. The petitioner has brought on record a notice dated 08.12.2014 issued by the Tehsildar, Tehsil and District Sitapur, respondent No.3 to show cause, but according to the petitioner till date no further proceeding has taken place. Therefore, at this stage we feel it appropriate to issue direction the Tehsildar to proceed with the case expeditiously within six months and decide it after providing opportunity of hearing to the parties concerned. It is further provided that if, after service of notice the concerned authority does not turned up, then the Tehsildar concerned shall be at liberty to pass an exparte order for removal of encroachment. With the aforesaid observation the writ petition stands disposed of finally.";