Court No. - 1
Case :- WRIT - C No. - 25897 of 2020 Petitioner :- Pyarelal And 10 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rohit Tiwari,Niraj Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Vivek Agarwal,J.
Learned counsel for the petitioner submits that learned Commissioner, Revenue vide order dated 29.10.2020 has dismissed the revision filed by the petitioner on the ground that such revision is not maintainable against an interlocutory order.
A perusal of the order reveals that case was dismissed on 29.7.2006 has been restored on an application filed by Nagar Palika Parishad on 14.5.2018 and parties have been directed to appear before the competent authority and file their objections and pleadings.
There is no infirmity in the impugned order inasmuch as mere restoration of a case cannot be said to cause any prejudice to the interest of the petitioner and petitioner has sufficient opportunity to appear before the competent authority and present his case.
However, in the interest of justice, it is provided that if the petitioner files an objection within 15 days from today along with documentary evidence, then the competent authority i.e. the Court of Additional Sub Divisional Magistrate, Jhansi where case No. 64 of 2001-02 Computer No. D201806370001963, under Section 229B is pending shall make an endeavour to decide the same on its own merit within further period of 60 days.
With the aforesaid observations, the petition is disposed of.
Order Date :- 7.1.2021 Arif