Case :- WRIT - C No. - 10721 of 2021 Petitioner :- Jagdish Prasad Respondent :- Additional Commissioner And 14 Others Counsel for Petitioner :- Shyam Lal Yadav,Aprajit Yadav,Ravi Anand Agarwal,Shreya Gupta Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner, Sri Azad Rai for Gaon Sabha and Sri Siddharth Singh, learned Addl. Chief Standing Counsel.
Present petition has been preferred for quashing the impugned order dated 3.8.2019 passed by Respondent no.2 in Case No. RST/ 185/2005-06 Computerized Case No. T-201702570404764 / District Pratapgarh, and the order dated 3.3.2021 passed by Respondent no.1/ Addl. Commissioner (First) Prayagraj Division, Prayagraj in Revision no. 01053 of 2019, Computerized Case No. C- 201902000001053/ District- Pratapgarh.
By the impugned orders, the restoration application of the respondent has been allowed by Respondent no.2 by his order dated 3.8.2019 and the Revision filed by the petitioner against the said order was rejected as not maintainable by the Revisional Court by 3.3.2021. Challenging the impugned order, submission of learned counsel for the petitioner is that vide order dated 7.5.2015, shares were accepted by the Court concerned and after defendants were summoned and a direction was given to prepare preliminary decree and thereafter by order dated 31.5.2017, the final decree was also prepared. Attention was drawn to the photocopy of the certified copy of the vakalatnama dated 26.9.2014 of Sri Shrikant Shukla, Advocate filed on behalf of Ram Chandra son of Ram Naresh (Respondent no.5 herein) that he was represented and the proceedings under Section 176 of the UPZA & LR Act were not ex-parte. It was next submitted that possession was handed over as per the shares on 24.4.2018. It was further submitted that no delay condonation application was filed along with restoration application and although vide application dated 24.6.2019, the petitioner has prayed for time to file rebuttal to the restoration application, but the same was not granted. Further submission is that the impugned orders are wholly illegal and malafide in nature.
Learned Standing Counsel has accepted notice on behalf of Respondent no.1, 2 and 4. Sri Azad Rai, learned counsel has accepted notice on behalf of Respondent no.3.
Issue notice to Respondent nos. 5 to 15. Steps within 15 days.
List after the expiry of aforesaid period.
Till the next date of listing, operation of the orders dated 3.8.2019 passed by Respondent no.2 and order dated 3.3.2021 passed by Respondent no.1 shall remain stayed.
Order Date :- 24.8.2021 N.S.Rathour