Court No. - 18
Case :- WRIT - C No. - 19458 of 2021 Petitioner :- Rahisullah And 2 Others Respondent :- Additional Commissioner (J), Basti And 3 Others Counsel for Petitioner :- Vinod Kumar Chandel,Mayank Krishna S Chandel,Ram Niwas Singh Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta
Hon'ble Ajay Bhanot,J.
Sri Vinod Kumar Singh Chandel, learned counsel assisted by Sri Mayank Krishna Singh Chandel, learned counsel for the petitioner submits that the order passed by the court of first instance was ex parte to the petitioners. The petitioners were prejudiced, inasmuch as their names were existing in the revenue records and were expunged by the impugned order dated 14.03.2015 passed by the learned trial court. A specific ground to this effect was taken before the revising court. The revising court in the impugned order dated 04.01.2021 noticed the aforesaid ground but did not return any finding thereon.
A perusal of the impugned order dated 04.01.2021 shows that the revisional court recorded the submissions of the the revisionist/ petitioner that no summons were issued by the trial court prior to the passing of the order. However, the revisional court neglected to make any finding to this effect. Further a perusal of the impugned order dated 14.03.2015 passed by the trial court does not contain any recital regarding the presence of the petitioners or submissions on their behalf.
Faced with this learned Standing Counsel as well as Sri Pankaj Kumar Gupta, learned counsel for the gaon sabha could not dispute the aforesaid facts which are established from the records.
It is also fairly accepted that counter affidavit cannot improve the recitals made in the impugned orders.
In the wake of the preceding discussion this Court find that the learned trial court passed the impugned order dated 14.03.2015 in violation of the principles of natural justice. The error of the trial court was not redeemed by the revising court.
The orders impugned dated 14.03.2015 and 04.01.2021 are liable to be set aside and are set aside.
With the consent of the parties the following directions are being issued in the interest of justice:
(1) The trial court shall recommence the proceedings under Section 33/ 39 of the U.P. Land Revenue Act, 1901 registered as Case No. T2015171404407.
(2) The petitioners shall appear before the trial court on or before 06.09.2021.
(3) The petitioners undertake to cooperate in the proceedings before the court below and shall not seek any unnecessary adjournment.
(4) The trial court shall not grant any adjournment in case adjournments are granted in paramount interest of justice the trial court shall impose cost of not less than Rs. 1,500/- on the party seeking adjournment.
(5) The trial court shall conclude the proceedings within a period of three months commencing from 06.09.2021 and upon receipt of copy of this order downloaded from the official website of the High Court of Judicature at Allahabad. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(6) If necessary the trial court shall proceed on day to day basis to ensure that the stipulated time line of three months is strictly adhered to.
It is clarified that this Court has not entered into merits of the controversy. It is for the trial court to decide the issue after independent application of mind and in accordance with law.
The writ petition is disposed of.
Order Date :- 12.8.2021 Nadeem Ahmad