ABHIRAJ SINGH Vs. ADDL. COMMISSIONER AGRA

JUDGEMENT

(1.) This petition has been instituted to quash the order passed by Sub-Divisional Officer dtd. 29/12/1997 and order dtd. 5/5/1998 passed by Additional Commissioner.

(2.) In brief, facts of the case are that respondent no. 5 and 6 filed a suit under Sec. 229 -B of U.P. Z.A. and L.R. Act, which was dismissed in default on 4/8/1993. It was again dismissed in default on 7/11/1994. (Annexure No. 1 and 2 to the writ petition). Thereafter, respondent nos. 5 and 6 moved the restoration application which was rejected by Sub-Divisional Officer vide order dtd. 25/6/1996 (Annexure No. 3 to the writ petition). Later on they filed a review petition for recalling the order dtd. 25/6/1996 which was allowed by order dtd. 29/12/1997 (Annexure No. 4 to the writ petition) without serving notice to the petitioner.

(3.) Against the aforesaid order, the petitioner filed a revision before respondent no.1. Generally revisions are being admitted by the Commissioner and hence only on stay application case was heard on 20/1/1998. Neither it was heard on the point of maintainability nor on the merit. Records of the courts below were also not summoned and records were not available before respondent no.1 when the order rejecting the revision was passed. In fact 22/1/1998 was fixed for orders on stay application but to the utter surprise, the revision was denied as not maintainable on 31/1/1998 (Annexure No. 5 to the writ petition). As the aforesaid order was exparte, the petitioner filed restoration against the order dtd. 31/1/1998 which was rejected on 5/5/1998 (Annexure No. 6 to the writ petition).