Court No. - 36
Case :- WRIT - C No. - 19762 of 2019 Petitioner :- Mukhdev Ram Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Vinay Bhushan Upadhyay,Narendra Deo Upadhayay Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav Hon'ble Ajay Bhanot,J.
Sri Narendra Deo Upadhyay, learned counsel for the petitioner submits that the order dated 25.012.2018 in proceedings undertaken against the petitioner under Section 67 of the U.P. Revenue Code, 2006 was ex parte to the petitioner. The petitioner filed a restoration application. The restoration application has been rejected by order dated 11.04.2019.
Sri Narendra Deo Upadhyay, learned counsel for the petitioner calls attention to the order dated 11.04.2019 rejecting the application for restoration and contends that the order is a non- speaking order which reflects non application of mind.
I see merit in the submission of the learned counsel for the petitioner.
The order dated 11.04.2019 is a cryptic order which does not in any manner reflect the application of mind. The order simply records that there is no merit in the restoration application and goes on dismiss the restoration application. The order being bereft of reasons is arbitrary and illegal. The order cannot stand. The order dated 11.04.2019 is set aside.
The matter is remitted to the court of Tehsildar, Kashimabad, District-Ghazipur.
The respondent No.2-Assistant Collector/Tehsildar, Tehsil- Kashimabad, District-Ghazipur shall decide the restoration application of the petitioner by a reasoned and speaking order in accordance with law.
Sri Narendra Deo Upadhyay, learned counsel for the petitioner contends that the petitioner is being dispossessed from the land.
It is open to the petitioner to file an interim application within four weeks. In case such application is filed within the stipulated period of four weeks, the respondent No.2 shall forthwith pass an order on the same. Till the decision on the application for interim relief, the petitioner shall not be dispossessed from the land in dispute.
The writ petition is partly allowed.
Order Date :- 4.6.2019 Ashish Tripathi