Court No. - 9
Case :- WRIT - C No. - 13906 of 2019 Petitioner :- Pana Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ghan Shyam Yadav Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned standing counsel for the State respondents.
The instant petition arises out of proceedings under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act and seeks a writ of certiorari for quashing the order dated 22.11.2018 passed by the Assistant Collector 1st Naugarh, District - Siddharth Nagar and the order dated 7.3.2019 whereby the order of the 3rd respondent has been affirmed by the Commissioner i.e. respondent no. 2.
The contention of learned counsel for the petitioner is that in the proceedings under Section 122-B an order was passed in his favour on 2.6.2014 declaring the petitioner Bhoomidhar of plot no. 231 area 0.031 recorded as "Nala".
It has been submitted that against this order a restoration application was filed by one claiming to the Panal lawyer of the Gaon Sabha. This restoration Application was filed on 22.11.2018 and the same was allowed on the same day without any notice or information to the petitioner.
Aggrieved by the order dated 22.11.2018 the petitioner preferred a revision which has been dismissed by the Commissioner vide order dated 7.3.2019.
The contention before this Court is that the person who have filed restoration application was not the Panal lawyer. The second contention is that the restoration application, in any case, could not have been allowed ex-parte without any notice of information to the petitioner.
In the circumstances of this case, this Court does not consider it expedient to interfere in the matter because in pursuance of the impugned order the proceedings under Section 122-B stand revived. In these proceedings, the petitioner still has every opportunity of raising all submission both on facts on and law as may be available her. Therefore, no serious prejudice has been caused to the petitioner orders impugned.
Under the circumstances, by the this writ petition is dismissed with the observations that the petitioner should contest the proceedings under Section 122-B shall stand revived as on date.
Order Date :- 25.4.2019 Md Faisal