Shiv Murat Yadav vs State Of Up And 3 Others
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Allahabad High Court

Shiv Murat Yadav vs State Of Up And 3 Others on 21 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:91270
 
Court No. - 1
 

 
Case :- WRIT - C No. - 15417 of 2024
 
Petitioner :- Shiv Murat Yadav
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Anil Kumar Ray
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Shekhar B. Saraf,J.
 

1. Heard learned counsel for the petitioner and Sri Arvind Kumar Mishra, learned Standing Counsel for the State.

2. This is a writ petition filed under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the order dated February 7, 2024 passed by the respondent No.2/Chief Controlling Revenue Authority, Allahabad in Restoration Application No.3812 of 2023 and the order dated August 23, 2023 passed in appeal.

3. The case of the petitioner is that the appeal was heard in his absence, as no proper notice was served upon him. Counsel appearing on behalf of the petitioner submits that on the previous occasions the matter was heard and the judgment was reserved, but no order was passed. Subsequently, another date was fixed by the authority concerned but notice of the same was not provided to the petitioner and an order dated August 23, 2023 was passed dismissing the appeal in default. The petitioner filed the restoration application for recall of the said order that too has been dismissed without due consideration.

4. Upon considering the facts of the case, I am of the view that the matter should have been heard by the appellate authority. Accordingly, the impugned orders dated February 7,2024 and August 23, 2023 are quashed and set aside with a direction upon the appellate authority to grant an opportunity of hearing to the petitioner and thereafter pass a reasoned order expeditiously, preferably within a of four weeks from date and thereafter communicate the order to petitioner within a week thereafter.

5. With the above directions, the writ petition is allowed.

Order Date :- 21.5.2024

Kuldeep

(Shekhar B. Saraf,J.)