PATI RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) BY means of instant writ petition, the petitioner prays for quashing the orders dated 14.12.1981 and 22.6.1982.

(3.) THE Additional Collector, Agra, after hearing both the parties, came to the conclusion that opposite party No.5 did not construct the house over the land in dispute and therefore, his allotment was cancelled on 5.7.1980. Thereafter, the opposite party No.5 filed Revision No. 278 of 1979-80 in the Court of Commissioner, Agra Division, Agra which was heard by the Additional Commissioner, Agra Division, Agra. He referred it to the opposite party No.2 on 9.12.1980 with the recommendation that the Revision be allowed and the order dated 5.7.1980 of the Additional Collector be set aside. The petitioner filed objections against the recommendations of the opposite party No.3 on 9.1.1980 through Sri J. K. Pathak, Advocate. Subsequently, the reference was decided against him without any notice on 14.12.1981. When the petitioner came to know the aforesaid order, he moved an application on 13.5.1982 for setting aside the order dated 14.12.1981 on the ground that neither he nor his counsel had received any notice. Thereafter, the opposite party No.2 issued notice to the opposite party No.5 and also granted interim injunction restraining the opposite party No.5 from taking possession or demolishing the temple existing on the land in dispute. Thereafter, the application was heard on merits and dismissed vide impugned order dated 22.6.1982. Being aggrieved, the instant writ petitoin has been filed.