Court No. - 5
Case :- WRIT - C No. - 8082 of 2018 Petitioner :- Varrister Maurya Respondent :- State Of U.P. Gorakhpur And 4 Others Counsel for Petitioner :- Ashwini Kumar,Ganesh Shanker Srivastava Counsel for Respondent :- C.S.C.,Arun Kumar Verma,Tariq Maqbool Khan Hon'ble Pankaj Naqvi,J.
Heard learned counsel for the parties.
The respondent no. 4 filed an application under Section 28 of the U.P. Land Revenue Act for correction of map of the plot in dispute, which came to be allowed on 29.11.2001. The petitioner filed an application for recall dated 16.12.2001 which was dismissed on 18.7.2003 and affirmed in the revisional order dated 26.10.2017.
It is submitted by learned counsel for the petitioner that at no stage, the petitioner was ever put to notice, the orders impugned are liable to be set aside and matter should be decided afresh.
Learned standing counsel could not dispute from the impugned orders that whether service was effected by registered post on the petitioner or not. Mere issuance of a registered notice is meaningless unless there is a finding that it was actually served or was deemed to be served.
In view of above, the orders dated 29.11.2001, 18.7.2003 and 26.10.2017 cannot be sustained, are liable to be set aside.
The writ petition is allowed. The orders dated 29.11.2001, 18.7.2003 and 26.10.2017 are quashed / set aside. The cause shown in the recall is sufficient. The recall dated 16.12.2001 is stands allowed, subject to cost of Rs.2000/-, to be paid to respondent no. 4.
Parties to appear before the authority concerned on 24.4.2018 along with a certified copy of this order, who shall decide the matter afresh after hearing the parties concerned.
It is made clear that the Court has not commented on the merits of the case.
Order Date :- 28.3.2018 Chandra