RAMA SHANKAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) IN this writ petition, counter and rejoinder affidavits have been filed and the learned counsel for the parties are agreed that the writ petition may be heard and finally disposed of at this stage.

(2.) I have heard Sri V. K. S. Chaudhary learned counsel appearing for the petitioner and learned Standing Counsel. By means of this writ petition the petitioner has sought quashing of order dated 23-7-84 passed in Misc. case no. 43 of 1983 by which application of the petitioner for recalling the order dated 26th May 1978 and for restoring the appeal has been dismissed. It appears from the perusal of the documents filed that the Prescribed Authority by order dated 28th July 1976 determined 25.40 acrea of irrigated land as surplus. Aggrieved by this order, petitioner filed an appeal which was registered as appeal no. 546 of 1976 and which was pending before the 1st Civil Judge, Gorakhpur. In this appeal 26th May, 1978 was fixed for hearing. However, as neither the petitioner nor his counsel appeared. The appeal was dismissed in default on 26th May 1978.

(3.) HON'ble Supreme Court in a case Collector, Land Acquisition Anantnaq v. Mst. Katiji, AIR 1987 SC 1353, said that the courts should have a liberal approach towards expression "sufficient cause" employed by the legislature. The observations of the Supreme Court in para 3 of the aforesaid judgment can be gainfully quoted here :