Facts giving rise to the present writ petition are as follows: Proceedings under Section 176 of the U.P.Z.A. & L.R. Act were decided under an order dated 04.09.2009. An application for recall of the order was made by the respondents before the authority on 23 rd June, 2009 on the ground that the order was ex parte. The application was granted on 05.06.2009 and the case was restored to its original number. Against the said order the present petitioners filed revision before the Commissioner. The revision was allowed vide order dated 30.05.2010 and the order of the Sub Divisional Magistrate, recalling the earlier order, was set aside. Against the said order the respondents filed revision before the Board of Revenue under Section 333 of the U.P.Z.A. & L.R. Act. This revision has been allowed by the Board of Revenue after recording that the order of the Sub Divisional Magistrate, earlier passed, was ex parte and the respondents were entitled to an opportunity of hearing before decision of the proceedings under Section 176 of the U.P.Z.A. & L.R. Act. Hence this petition. I am of the considered opinion that no case for interference under Article 226 of the Constitution of India is made out. The order impugned have the effect of affording opportunity of hearing to the parties concerned, which is always in the interest of substantial justice.
Writ petition is dismissed.
Order Date :- 22.6.2010 Pkb/