Rupin Tomar vs State Of U.P. And 3 Others
2023 Latest Caselaw 20289 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:154154
 
Court No. - 48
 

 
Case :- WRIT - B No. - 2170 of 2023
 

 
Petitioner :- Rupin Tomar
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ayub Khan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Sri Ayub Khan, learned counsel for petitioner submits that he has a very good case and Deputy Director of Consolidation has allowed revision petition filed by petitioner on merit by an order dated 30.03.2022 and impugned orders therein were set aside and matter was remitted back to Consolidation Officer.

Contesting respondent has filed a restoration application on a ground that she was not heard and order was passed ex-parte which has adversely affected her rights.

The Revisional Authority has allowed the restoration application and set aside the order dated 30.03.2022 with a direction to hear revision petition afresh after giving opportunity to both parties.

He further submits that the restoration application was allowed on the basis of legally unsustainable grounds. The contesting respondent was served, however, she opted not to appear before Revisional Authority and thereafter, the revision petition was heard on merit and impugned orders therein were set aside and matter was remitted back to Consolidation Officer for fresh consideration and he has placed reliance on a judgment passed by Division Bench of this Court sitting at Lucknow in the case of Ram Prakash vs. Deputy Director of Consolidation, Hardoi and others, 2022 (2) AWC 1345.

In the light of above judgment, the argument of learned counsel for petitioner has substance, however, since Revisional Authority has not still passed any order on merit which could adversely affect the respondents and matter has still to be heard on merit, therefore, this Court is of the opinion that there is no need to disturb the impugned order.

However, this writ petition is disposed of with a direction that Revisional Authority will decide the Revision No. 2017531108000027/1974 afresh expeditiously, preferably within two months from today, if there is no legal impediment, after hearing rival parties.

Order Date :- 2.8.2023

Nirmal Sinha