GULAB CHANDRA Vs. ADDL COMMISSIONER JUDICIAL/FIRST VARANASI

JUDGEMENT

(1.) HEARD Sri Sankatha Rai, Advocate assisted by Sri Ajay Kumar Singh, learned counsel for the petitioner, Sri M.P. Srivastava, learned counsel for the respondent No. 5 and Learned Standing Counsel for the respondent Nos. 1 to 3. Nobody is present on behalf of the respondent No. 4 even in the revised reading of the cause list.

(2.) RESPONDENT No. 5, Bhuidhar alias Jairam son of Basanta alias Mataru, filed Original Suit No. 821 of 1997 under Section 229 -B of the U.P. Zamindari Abolition and Land Reforms Act for declaration that he was the Bhumidhar of Plot No. 977 Ka area 1.18 acre corresponding to old Plot No. 1157 situated in village Kariyanw, Pargana Ghisuwa, Tehsil Machhlishahr, Jaunpur. The suit so filed was directed to proceed ex parte under order dated 28th July, 1998 and thereafter the Sub -Divisional Officer dismissed the suit even after ex parte proceedings by means of the order dated 28th August, 1998. The plaintiff filed an application for review of the order of the Sub -Divisional Officer dated 28th August, 1998 dismissing the suit. The said application was filed on 9th September, 1998. On the review application an office report was submitted dated 11th September, 1998 wherein it was mentioned that in the original suit proceedings, an order for proceeding ex parte, against the defendant -petitioner had been passed and therefore it is not necessary to issue any notice on the review application to the defendants.

(3.) FEELING aggrieved by the aforesaid order of the Sub Divisional Officer passed on the review application the defendant -petitioners filed a revision before the Commissioner, Varanasi Division, Varanasi, which was numbered as Revision No. 139 of 1999 (a copy whereof has been enclosed as Annexure No. 20 to the writ petition). The plaintiff also filed a Revision against the part of the judgment and decree of the Sub Divisional Officer, whereby certain reliefs prayed for were denied, which was numbered as Revision No. 49 of 1998. Both the revisions were clubbed together and have been decided vide order dated 30th July, 2003 by the Assistant Commissioner (Judicial First), Varanasi Region, Varanasi. The Assistant Commissioner has dismissed both the revisions affirming the order of the Sub -Divisional Officer dated 16th November, 1998. It is against the aforesaid order of the Assistant Commissioner dismissing the revision as filed by the defendants -petitioners, that the present writ petition has been filed.