Raja vs D.D.C. And 3 Ors.
2014 Latest Caselaw 376 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 
Case :- WRIT - B No. - 18567 of 2014
 
Petitioner :- Raja
 
Respondent :- D.D.C. And 3 Ors.
 
Counsel for Petitioner :- Abhay Raj Yadav,A. Chaturvedi
 
Counsel for Respondent :- C.S.C.,Arvind Srivastava
 
Hon'ble Ram Surat Ram (Maurya),J.

Notice on behalf of  respondent No.1 has been accepted  by learned Chief Standing Counsel and notice on behalf of respondents No.2 to 4 has been accepted  by Sri Arvind Srivastava, Advocate. 

The learned counsel for the respondent prays for and is granted  three weeks' time to file  counter affidavit. One week thereafter is allowed to the learned counsel for the petitioner to file rejoinder affidavit.

Learned counsel for the petitioner submits that  against the order of  Consolidation Officer  dated  10.6.1983 the appeal was filed on 9.2.2009. Inordinate  delay has been condoned by an exparte order dated  12.7.2012.  The petitioner  filed an application  for recall  of the order which has been rejected holding that  at the time of order the petitioner was present before the Court and has signed the order sheet. Although in the order dated 12.7.2012 it was noticed that no one was present at that time. As such rejection of the restoration application is based upon irrelevant consideration. He further submits that  notice issued  in the revision was not served upon the petitioner.

The matter requires consideration. 

Till the next date of listing,  operation of the order dated  12.7.2012 shall remain stayed.

Order Date :- 31.3.2014

G.S