I have heard Sri K.K.Singh learned counsel for the petitioner, Sri Alok Kumar Mishra learned counsel for the opposite party no.4 and Sri Jai Kumar who represents Gaon Sabha.
By the impugned order the opposite party no.2 has recalled his earlier dated 21.7.2011 whereby revision filed by the contesting opposite party was dismissed. This order of 21.7.2011 records that it has been passed ex-parte without hearing the revisionist. Therefore restoration application.
The contention of the learned counsel for the petitioner is that the petitioner was not provided any opportunity to file an affidavit in rebuttal to the delay condonation application accompanying the restoration application.
After having examined the facts of case this Court is of the opinion that the pleas raised by the petitioner are more technical in nature and not on the merits of the case. Admittedly, exparte order has been recalled and the matter has to be decided afresh after opportunity to the parties to make their respective submissions.
Under the circumstances I see no justification for interfering with the impugned order. It will be open to the petitioner to raise all such pleas available to him at the time of hearing of the revision on merits.
The writ petition is accordingly dismissed.
Order Date :- 31.1.2014 mna