RAM DEEN Vs. COMMISSIONER

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Rajesh Kumar learned Standing Counsel.

(2.) Section 201 of the U.P. Land Revenue Act, 1901 provides for filing of a restoration application, if an ex-parte order has been passed against a person arrayed in the proceedings. No appeal or revision will lie against such an order which is alleged to be ex-parte and therefore the only remedy is to file a restoration application.

(3.) In the instant case, the Naib Tehsildar had passed an order whereas the restoration has been allowed by the Tehsildar. It is this part of the procedure which was questioned by the respondent in a revision which has been allowed by the learned Commissioner directing that the restoration shall be decided by the Naib Tehsildar.