AYUB ALI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) There was a proceedings drawn under Section 28 of the Land Revenue Act by the private respondent to the present writ petition, which was registered as Case No. 5217 of 2011-12 'Sarjeet Kaur vs. State of Uttarakhand and Others', in which the petitioner has not been party to the proceedings. Whereby, she has sought a prayer for correction of the order in pursuance to a decision, which has already been taken in their favour by the Hon'ble Apex Court at the behest of the dismissal of the writ petition, which was preferred by the petitioner. The relief sought in the proceedings under Section 28 was as under:

(2.) However, we are not concerned at this stage with regards to the implications, which will be flowing from the judgment dated 25.09.2013 as rendered by this Court in Writ Petition No. (M/S) 420 of 2006 'Ayub Ali vs. Deputy Director Consolidation /Additional District Magistrate Udham Singh Nagar and Others', which was the proceedings drawn under Section 53 of the U.P. Consolidation of Holding Act, that judgment will be having an altogether an independent bearing then to the proceedings, which was preferred by the respondent no. 4 under Section 28 by the respondent had been decided by the Court of Collector by an order dated 26.11.2012.

(3.) The propriety or the intricacies of the determination of inter se regarding the right flowing from the order dated 26.11.2012 is yet again not being disturbed by this Court for the reason that the consideration, which is being raised in the present writ petition by the petitioner is to the effect that the petitioner has contended himself to be aggrieved against an order passed under Section 28 on 26.11.2012 on the premise that he is being effected because in the proceedings under Section 28 drawn by respondent no. 4, he was neither made as a party to the proceedings under Section 28 and quite obviously nor he was heard. In order to seek recall of the said ex parte order dated 26.11.2012 the petitioner has filed an application under Section 201 of the Land Revenue Act on 06.11.2012 seeking recall of the order passed in Case No. 52/17 of 2011-12 'Sarjeet Kaur vs. State of Uttarakhand'. On the said application of petitioner filed under Section 201, the Collector passed an order of status quo, the respondent no. 4 filed her objection to the application of petitioner on 23.01.2013, and Court had fixed 13.02.2013 for considering application of petitioner filed under Section 201 of the Act. When the application under Section 201 preferred by the petitioner came up for consideration before the Court of Collector, the petitioner was unable to put in appearance and consequently, the application preferred by the petitioner under Section 201 was rejected ex parte without hearing him.