Smt. Urmila Devi And 3 Others vs State Of U.P. Thru. Addl. Chief ...
2022 Latest Caselaw 13554 ALL

Citation : 2022 Latest Caselaw 13554 ALL
Judgement Date : 19 September, 2022

Allahabad High Court

Smt. Urmila Devi And 3 Others vs State Of U.P. Thru. Addl. Chief ... on 19 September, 2022

Bench: Jaspreet Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 
Case :- MATTERS UNDER ARTICLE 227 No. - 3510 of 2022
 

 
Petitioner :- Smt. Urmila Devi And 3 Others
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. (Revenue), Lko. And 4 Others
 
Counsel for Petitioner :- Anu Pratap Singh
 
Counsel for Respondent :- C.S.C.,Pankaj Gupta
 

 
Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioners. Notice on behalf of the respondents No.1 to 3 has been accepted by the office of Chief Standing Counsel. Shri Pankaj Gupta, learned counsel has accepted notice for the respondent No.4.

The petitioners have filed the instant petition assailing the judgment and decree dated 23.03.2018 passed by the Sub-Divisional Officer, Lalganj, District Pratapgarh.

The submission of the learned counsel for the petitioners is that an ex-parte decree dated 23.03.2018 has been passed in the proceedings under Section 229-B of the U.P. Z.A. & L.R. Act.

It is further submitted that the petitioners were neither served nor they were afforded an opportunity of hearing.

It is also submitted that an application has been moved after several years without moving an application for condonation of delay and ignoring the material, the impugned order has been passed.

Be that as it may, since the order under challenge is an ex-parte and admittedly as per the case of the petitioners, they were neither served nor were given an opportunity, at this stage, learned counsel for the petitioners submits that the petitioners may be permitted to withdraw the petition with liberty to move an application before the Court concerned seeking recall of the ex-parte judgment and decree dated 23.03.2018 under Order 9 Rule 13 CPC.

In case, if an application is moved, the same shall be considered on its own merits expeditiously.

In view of the aforesaid, the petition is dismissed as withdrawn with liberty as aforesaid.

It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law.

Order Date :- 19.9.2022

Rakesh/-