Court No. - 30
Case :- WRIT - C No. - 1911 of 2019 Petitioner :- Aayush Jain And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ashish Kumar Singh,Ajay Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners as well as learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed challenging the impugned order dated 12.11.2018 passed by the respondent no. 2-Commissioner, Meerut Division, Meerut in Case No. 00091 of 2018 (State vs. Aayush Jain & others).
While allowing the revision filed by the State authorities, the matter has been remanded to the Additional District Magistrate (Revenue & Finance) with a direction to decide the matter himself making spot inspection and thereafter decide the case on merits.
Submission of learned counsel for the petitioner is that the order impugned herein suffers from non-application of mind as each and every document including sale deed, khasra and khatauni was available on record and exercise will be futile exercise.
It is not in dispute that the petitioners did not appear before the revisional authority despite sufficient notice. The matter has been remanded after considering the merits of the case with specific direction that spot inspection be made and thereafter the case be decided strictly on merits.
Once the petitioner has opportunity to defend the case on merits, I do not find any good ground to interfere with the impugned order.
Present petition is accordingly dismissed. No order as to costs.
Order Date :- 21.1.2019 Abhishek