VISHWANATH Vs. STATE OF U.P.& ORS.

JUDGEMENT

(1.) THIS revision has been filed against an order passed by Additional Commissioner Gorakhpur on 29-11-96 in Revisions No. 604/148G of 1991 arising out of a restoration order passed by Assistant Collector, first Class. Gorakhpur in Suit No. 202 under Section 229-B of the U.P.Z.A. and L.R. Act.

(2.) BY the impugned order the learned Assistant Collector First Class has allowed restoration application of Vishwanath on the ground that he was not properly served notice. The learned trial Court has also given the benefit of Section 5 of Indian Limitation Act in filing the restoration application. The delay was almost one year. Against this order of restoration Vishwanath filed a revision before the Commissioner Gorakhpur Division which was dismissed as not maintainable by the impugned order dated 29-11-1996 holding that the order of the trial Court was of an interlocutory nature.

(3.) THE revisionist specifically has claimed in the revision before the Commissioner that the defendant-respondent have full knowledge of the proceedings and they were duly served with the notice by the Court. So the finding of the learned trial Court that no notice was served on them is erroneous and against the facts. He also contended that the delay of almost one year in filing the restoration application is also not explained and the learned trial Court has committed an error of law in condoning the delay without giving any reason for the same. The learned Additional Commissioner in the impugned order has not given any reason as to why the revision is not maintainable against these orders. The order passed by the learned Additional Commissioner is a very cryptic one and not supported by any reasoning. Moreso, it is against the laid down law by the Hon'ble High Court and this Board in various pronouncement, which needs to be interfered with. Consequently the impugned order passed by the learned Additional Commissioner, (Judicial) Gorakhpur is set aside and the case is remanded back for passing speaking and reasoned order. Revision is disposed of accordingly. Revision disposed of.