Heard learned counsel for the parties.
Cause shown is sufficient. Application is allowed. Order dated 23.11.2007 dismissing the review petition in default is set aside. Review petitioner is restored.
Order Date :- 6.1.2010 NLY Court No. - 27 Civil Misc. Review Petition No.141959 of 2005 IN Case :- WRIT - B No. - 35520 of 2004 Petitioner :- Ramraj Singh & Others Respondent :- State Of U.P. Thru' Secy., Revenue & Others Petitioner Counsel :- Ramesh Rai Respondent Counsel :- C.S.C.,C.P. Shukla,Rakesh Kumar Shukla,Rakesh Kushwaha,V.K. Singh,Vinod Swaroop Hon'ble Sibghat Ullah Khan,J.
Heard learned counsel for the parties at length on the review petition. Neither in the restoration application nor in the grounds of revision, it was specifically mentioned that portion of the Gaon Sabh land, which was given to the petitioner was actually being used by the contesting respondent (applicant in review petition). Ground No.8 of the memorandum of revision, copy of which is annexure-VI to the writ petition only stated that due to exchange, revisionist and General Public and Gaon Sabha would suffer loss. Map has been annexed along with rejoinder affidavit filed in reply to supplementary counter affidavit. The said rejoinder affidavit dated 12.10.2006 is not on record, however its duplicate copy has been placed on record. Learned counsel for the petitioner categorically stated that contesting respondent, i.e. respondent No.6, who has filed the review petition can still very well reach that portion of Plot No.81, which belongs to him from his house which is situate in Plot No.98 through the existing chak-road (after exchange). Learned counsel has also undertaken that petitioner will not create any hindrance in ingress and outgress of the respondent No.6 from his house situate in Plot No.98 to Plot No.81 through the existing chakroad.
In view of the above statement, I do not find any reason to review my judgment. Review petition accordingly is dismissed. However, it is directed that no interference shall be made by the petitioner in the use of the existing chak-road by the respondent No.6. Order Date :- 6.1.2010 NLY