Court No. - 9
Case :- WRIT - C No. - 14942 of 2019 Petitioner :- Dilip Mani And 5 Others Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Ambika Prasad Tewari Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners and Shri Tariq Maqbool Khan, learned counsel for the contesting respondents.
The writ petition has been filed challenging the orders dated 22.11.2017 and 19.03.2019 passed by the Tehsildar, Tehsil Rundrapur, District Deoria and Commissioner Gorakhpur Division, Gorakhpur respectively in proceedings for mutation.
The contention of counsel for the petitioners is that a mutation order was passed in his favour. A time barred restoration application was filed by contesting respondents along with an application under Section 5 of the Limitation Act, for condonation of delay.
The Restoration application has been allowed without any notice to the petitioners and without condoning the delay in filing the restoration application. This order has wrongly and illegally been affirmed upon dismissal of the revision filed by the petitioners.
Perusal of the order dated 22.11.2017, certified copy whereof is on page 28 of the paper book records that a mutation case filed by the petitioners was pending and during the pendency of such proceedings, a fresh mutation case was filed whereupon without any notice or proclamation having been issued, a mutation order was obtained.
It is this order which has been set aside on the ground that it had been obtained by the petitioners fraudulently.
Counsel for the petitioners on being repeatedly queried by the court about by this finding has not said a word in this regard. He has repeatedly urged that no application under Section 5 of the Limitation Act was filed and without condoning the delay the restoration application could not have been allowed.
Since not a word has been stated regarding the fraud committed by the petitioners, which is the basis of order dated 22.11.2017, this Court does not find it a fit case for interference and the petitioner is liable to be dismissed with costs.
The petitioner by means of this petition are trying to perpetuate the fraud committed by them and therefore, are not entitled to any leniency from this Court.
This writ petition is therefore dismissed with cost of Rs. 5,000/- to be deposited by the petitioners within a month, failing which the same shall be recovered from them as arrears of land revenue.
Order Date :- 30.4.2019 sweta