Court No. - 10
Case :- WRIT - C No. - 19545 of 2021 Petitioner :- Chaturbhuj And 4 Others Respondent :- Additional Commissioner And 2 Others Counsel for Petitioner :- Subodh Kumar,Udit Chandra Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State-Respondents and also perused the records.
Proceedings under Section 202 of U.P. Zamindari Abolition and Land Reforms Act, 1950 read with Rule 176-A of the U.P. Zamindari Abolition and Land Reforms Rules, 1952 were initiated against the petitioners. For the eviction of the petitioners, the Sub-Divisional Officer concerned had passed an order on 27.05.2005. Thereafter, the petitioners had filed an Appeal under Section 331 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 which was dismissed for want of prosecution on 28.02.2017. On 03.03.2017, the petitioners moved an application for the recalling of the order dated 28.02.2017 on the ground that there was a strike of the lawyers in the Court and also because of certain elections. However, this application was rejected on 20.03.2021. Aggrieved thereof, the petitioners have filed the instant writ petition.
Sri Sher Bahadur Singh, learned counsel for the Gaon Sabha and the learned Standing Counsel have submitted that the order dated 20.03.2021 was a revisable one and, therefore, the writ petition need not be entertained. However, they could not deny the fact that there was a strike of the lawyers in the Court and in fact, they conceded that the grounds taken by the petitioners in the Recall/Restoration Application were sufficient for the order dated 28.02.2017 to be recalled.
Under such circumstances, the order dated 20.03.2021 and the order dated 28.02.2017 are recalled. The Appeal is restored to its original number. The petitioners and the opposite parties shall now appear before the Appellate Court on 06.09.2021 and the Appellate Court shall allow the petitioners to take the required steps. The Appellate Court shall also make an endeavour to decide the Appeal within next three months.
With these observations/directions, the writ petition stands disposed of.
Order Date :- 12.8.2021 Siddhant