Court No. - 18
Case :- WRIT - C No. - 20381 of 2021 Petitioner :- Subhash Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyam Babu Vaish Counsel for Respondent :- C.S.C.,Sunil Kumar Singh
Hon'ble Ajay Bhanot,J.
Shri Shyam Babu Vaish, learned counsel for the petitioner does not dispute the submission of the learned Standing Counsel that the petitioner has an alternative and efficacious remedy of assailing the ex-parte order dated 17.01.2020 passed by the court below under Section 116 of the U.P. Revenue Code, 2006 and also the impugned order dated 09.07.2021 before the competent forum under the U.P. Revenue Code, 2006. At this stage, learned counsel for the petitioner does not press the relief sought in the writ petition. He recasts his submission and relief sought.
It is contended by Shri Shyam Babu Vaish, learned counsel for the petitioner that the petitioner is desirous of filing a revision under the U.P. Revenue Code, 2006, against the aforesaid orders. However, due to the Covid-19 pandemic, the revision could not be filed in time. Now the time period for filing the revision has expired and revision is barred by limitation.
The only prayer made by the learned counsel for the petitioner is that the petitioner may be permitted to file a revision and the revisional authority may decide the same on merits without going into the question of delay.
I see merit in the submission of the learned counsel for the petitioner that the Covid-19 pandemic has dislocated lives. Substantive rights of the petitioner is engaged in the proceedings. He is entitled to an opportunity of hearing by the revising authority.
In the peculiar facts and circumstances of the case, interest of justice will be served by issuing the following directions:
I. The petitioner shall file a revision against the impugned orders, if so advised, before the revisional authority within a period of 15 days from today along with an application for interim relief.
II. The application for interim relief shall be decided forthwith so as to ensure that the remedy of revision is not rendered illusory.
III. In case such revision is filed along with the application for interim relief within the above stipulated period of 15 days, the revisional authority shall decide the same on merits without going into the question of delay and after hearing all necessary parties to the lis.
With the aforesaid directions, the writ petition is finally disposed of.
Order Date :- 27.9.2021 Dhananjai