Sadhu Ram And ORS. v. Union Of India And ORS.

05.07.2024.

Court No. 13 Item No. 65 ap I.A. No. CAN 1 of 2024 In W.P.A. No. 15271 of 2024 Sadhu Ram & Ors.

Versus

Union of India & Ors.

Mr. Allen Felix.

...For the petitioner.

1. Notice of service on the respondents filed in Court today be kept with the record. The respondents are not represented.

2. Recall of the order dated 12th June, 2024 is sought on the ground that there is an error apparent on the face of record.

3. This Court firstly notes that there is no provision in law, for recall of an order when both parties are represented and have made detailed submissions. The writ petitioner ought to have availed the provisions of Section 47 for seeking review.

4. Counsel for the petitioner submits that there is an erroneous submission made on behalf of the Railways at paragraph 6 of the judgment stating that in lieu of surrender of stalls, a family member of the petitioner was offered a job. It is submitted by the Counsel for the petitioner that no such offer was ever made.

5. Even assuming that the said observation is deleted or stated to be an incorrect recording, this Court sees

no reason to alter the order dated 12th June, 2024 as the stalls in question have been demolished and the petitioners have been evicted therefrom.

6. The reasons for dismissing the writ petition on 12th June, 2024, have already been recorded and this Court sees no reason to differ from the same. An application for recall is even otherwise not maintainable as already stated hereinabove.

7. CAN 1 of 2024 shall, therefore, stand dismissed.

8. There will be no order as to costs.

9. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)