RAGHUBIR Vs. GOVT OF U P LUCKNOW

JUDGEMENT

(1.) THIS is an appeal filed on behalf of one Raghubir against the order of a learned single Judge dismissing a petition under Article 226 of the Constitution.

(2.) RAGHUBIR filed a suit for possession of a number of plots in the court of an Assistant Collector. The suit was dismissed. He filed Civil Appeal No. 371 of 1948 before the Additional commissioner of Meerut. The appeal was allowed and the suit was decreed. The other side then filed a Second Appeal before the Board of Revenue. On 29-10-1951, Mr. Ram Nagina Singh, one of the Members of the Board, heard the arguments of he parties and wrote out his judgment which he sent to another Member of the Board. Mr. J. O. N. Shukla for concurrence. Mr. Shukla on 3rd of November, 1951, without hearing the parties concurred with the opinion of Mr. Ram nagina Singh, as a result of which the appeal was allowed and the judgment of the trial court restored. Raghubir then filed a writ petition In this Court (Writ No. 391 of 1952 ). This came up before a bench of this Court - Mr. Justice Mootham and Mr. Justice Chaturvedi. Relying on the judgment of a Pull Bench in - 'suraj Mal v. The Board of Revenue, U. P. Allahabad', AIR 1953 all 264 (A), they held that the judgment of Mr. J. O. N. Shukla was a nullity as he had passed it without hearing the parties. They, therefore, passed the following order :

(3.) THEREAFTER, a writ petition was again filed in this Court which was dismissed by a learned single Judge on 15/1/1954, and it is against the order of dismissal that this appeal has been filed.