Court No. - 39
Case :- WRIT - C No. - 37680 of 2019 Petitioner :- Bhavnath Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Sanjay Kumar,Nabab Singh Chauhan Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Supplementary affidavit filed today is taken on record.
Additional District Magistrate (Finance & Revenue), District Jaunpur, by the order impugned dated 4.9.2019 has recalled his earlier order on a restoration application filed by the opposite party. The order impugned records that an opportunity of hearing has been denied to the opposite party and, therefore, delay has been condoned and the proceedings have been restored. This order is assailed in the present writ petition.
Law is settled that an adjudication based upon hearing the parties is entitled to greater respect than an ex-parte order. The proceedings are for correction of map. In case the authority concerned has given an opportunity of hearing to the opposite party, there would be no occasion for this Court to exercise its power under Article 226 of the Constitution of India.
In the facts and circumstances, it is however provided that the concerned authority shall conclude the proceeding expeditiously, preferably within a period of three months from the date of presentation of a certified copy of this order.
With the aforesaid observation, the writ petition stands disposed of.
Order Date :- 28.11.2019 Ranjeet Sahu