Court No. - 21
Case :- WRIT - B No. - 801 of 2021 Petitioner :- Shresth Agarwal Respondent :- Deputy Director Of Consolidation And 3 Others Counsel for Petitioner :- Brajesh Shukla Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard Shri Brajesh Shukla, learned Counsel for the petitioner, learned Standing Counsel for the State and perused the record.
Grievance of the petitioner is that Deputy Director of Consolidation (in brevity "D.D.C.") passed an ex-parte order against the petitioner without giving him opportunity of hearing.
It is submitted that in the impunged order dated 10.02.2021, D.D.C. observed that notices were duly issued to the parties and he has heard the argument of both the parties. But neither any notice has been served upon the petitioner nor he was present before the D.D.C. either by himself or through counsel to argue the case.
It is submitted by learned counsel for the petitioner that after five years belated revision dated 29.12.2020 had been filed by the contesting-respondent against the order dated 03.07.2015 passed by Settlement Officer of Consolidation in Appeal No. 378 (R.T. Mahendra Vs. Tukmaan). In the aforesaid revision dated 29.12.2020, notice was issued with the signature of concerned authority on 27.01.2021 fixing the next date on 2.02.2021. Photostat copy of the summon is annexed as Annexure No.7 to the present writ petition. There is an endorsement on the back of the summon showing the personal service upon the petitioner on 01.02.2021 but there is no signature on any witness to authenticate the aforesaid service upon the petitioner. Copy of the order-sheet is also annexed as Annexure No.8 to the present writ petition, which contains three dates i.e. 02.02.2021, 09.02.2021 and 10.02.2021. In the copy of order-sheet dated 02.02.2021, there is an observation that parties are present but in the order-sheet dated 09.02.2021, it is averred that revisionist is present but opposite party is not present. In the order-sheet dated 10.02.2021, there is an averment regarding the hearing of the matter but nothing has been shown about the presence of the parties.
It is submitted by learned counsel for the petitioner that since the date of issuance of notice dated 27.01.2021, entire proceeding has been concluded within 14 days' i.e. on 10.02.2021.It is further submitted that on the back of the summons, notice has been fraudulently shown to be served upon the petitioner.
Issue notice to respondent nos. 2, 3 & 4 returnable at an early date.
List this case in the week commencing 20.09.2021.
In the meantime, both the parties are directed to exchange their respective affidavits.
Till the next date of listing, effect and operation of the order dated 10.02.2021 shall remain stayed.
Order Date :- 30.7.2021 Sachin