Court No. - 1
Case :- WRIT - C No. - 16132 of 2017 Petitioner :- Virendra Singh And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandravir Singh Raghuvan Counsel for Respondent :- C.S.C.,Arun Kumar Srivastava
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri C.S. Raghuvanshi for the petitioners, Standing Counsel for State of UP and Sri Arun Kumar Srivastava for gram panchayat.
The writ petition has been filed against the order of Naib Tehsildar dated 16.6.2015 by which he has allowed the recall application filed by other side and recalled the order dated 5.8.1999 and restored the mutation case to its original number and the order of Additional Commissioner dated 19.12.2016 dismissing the revision of the petitioners filed against the aforesaid order.
The Naib Tehsildar while passing the order found that the order dated 5.8.1999 was an ex parte order. He has also made a specific remark in respect of merit of the case which is not relevant. As the matter has been restored as such merit of the case will be examined afresh.
So far as the argument that there was inordinate delay in filing the restoration application inasmuch as the order was passed on 5.8.1999 and the restoration application was filed on 19.1.2015 as such delay has been wrongly condoned, is concerned, under Section 201 of UP Land Revenue Act, re-hearing has been provided and limitation for filing the application of re-hearing has been provided as 15 days from the order being communicated to the opposite party. There is nothing on record to show that the order dated 5.8.1999 was communicated to the opposite party as such this Court is not inclined to interfere in the order of condonation of delay and as well as allowing the recall application. The petitioners have liberty to contest the matter before the Naib Tehsildar.
However, the writ petition is disposed of directing the Naib Tehsildar to hear the mutation application and decide it afresh, after hearing the parties, in accordance with law, expeditiously, preferably, within a period of six months from the date of producing a certified copy of this order before him.
Order Date :- 18.4.2017 Rahul /-