Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
WPMS 707/2025 Hon’ble Manoj Kumar Tiwari, J.
Mr. T.P.S. Takuli, Advocate, for the petitioner.
Mr. Devesh Ghildiyal, Brief Holder, for the State.
Mr. Siddhartha Sah, Advocate, for the respondent no. 2. (2) Petitioner has challenged the
judgment and order dated 18.11.2024, passed by the Board of Revenue in Second Appeal No. 07 of 2019-20. By the said judgment, the Second Appeal filed by respondent no. 2 was allowed and the matter was remanded back to the Assistant Collector, Ist Class, Kichha with a direction to re-decide the application, moved by the respondent no. 2 under
Order 39 Rule 1 CPC. (3) Since the suit is pending before the Assistant Collector concerned, therefore, this Court is not inclined to interfere with the remand order, passed by the Board of Revenue. (4)
Learned Counsel for the petitioner submits that petitioner be given liberty to move appropriate application to recall the order passed by Assistant Collector on 20.12.2016. (5) Accordingly, the writ petition is
disposed of granting liberty to petitioner to move appropriate application before
the Assistant Collector seeking recall of the order dated 20.12.2016. Application, if moved, shall be heard and decided on its own merit. It shall also be open to the petitioner to seek benefit of Section 14 of the Limitation Act.
(Manoj Kumar Tiwari, J.)
20.3.2025 Pr