SAHODARA DEVI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) :-

(2.) IN this Writ Petition a very short point is involved.

(3.) UNDER Rule 177 of the Manual a notice is to be issued for the date of the hearing of the appeal, if the appeal was not rejected summarily. A notice of such date has to be served in accordance with Rule 178 on the respondent, either by the appellate court itself or through the court against whose order the appeal has been filed. A similar type of notice is required to be served on the appellant or his counsel. There is no separate provision as to how this notice is to be sent but according to Sec. 196 of the U. P. Land Revenue Act, 1901, however, every notice under the Act is required to be served in the manner prescribed therein and from this it must follow that the notice to the appellant or his counsel must also be sent by registered post and not otherwise. UNDER these circumstances I am clearly of the view that the impugned order is not in accordance with law and has to be quashed.