PREM SHANKAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Rajeev Sharma, learned counsel for petitioner and learned Standing Counsel on behalf of respondents no. 1 to 6 as also Sri D.D.Chauhan on behalf of respondent no. 7 Gaon Sabha. Since all the respondents are represented, this writ petition is being decided finally today itself. This writ petition has been filed for the following relief:

(2.) THE representation, which petitioner seeks to be decided has been filed as Annexure 11 to the writ petition and has been addressed to the Senior Superintendent of Police Aligarh and Thanadhyaksh, Thana Janwa, District Aligarh, wherein the petitioner has made a prayer that in compliance of judgement dated 24.05.2011 of the Board of Revenue, the applicant who is a bhumidhar, may not be harassed by the police of P.S. Janwa, District Aligarh.

(3.) A perusal of the order dated 03.12.2010 passed by the Assistant Collector, Ist Class, Kol, District Aligarh indicates that there was an exparte decree obtained by the petitioner on 30.11.1996 in proceedings under Section 229- B of the U.P.Z.A. & L.R.Act (for short 'the Act') and an application was made by the State on 15.02.2007 for recall of the exparte order, which application was allowed and the exparte order dated 30.11.1996 was recalled by the Assistant Collector, Ist Class, vide his order dated 09.03.2007. By the said order dated 03.12.2010, the restoration application dated 24.04.2009 to recall the order dated 09.03.2007 whereby an earlier restoration application had been allowed, has been rejected on the ground of it being barred by time and also being without any merit.