GANGA RAMAN SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri R.S. Singh alongwith Sri D.P. Singh, learned counsel for the petitioner, learned standing counsel for the State -respondents and Sri Shivendra Bahadur, learned counsel for respondent no. 6 as well as Sri T.M.Khan, learned counsel for Gaon Sabha.

(2.) Through this writ petition prayer has been made to issue writ of certiorari quashing the order dated 29.10.2011 passed by Additional Commissioner (Administration) Gorakhpur Division, Gorakhpur in Revision No. 511/886/G (Dwarika vs. Ganga Raman) by which revision has been allowed and the order dated 31.5.2005 passed by Sub Divisional Officer in the restoration application filed by the petitioner has been set aside.

(3.) While assailing the impugned order learned counsel for the petitioner contends that the order dated 29.10.2011 passed by the Additional Commissioner is without jurisdiction as the revision itself was not maintainable against the order dated 31.5.2005. Whereas learned counsel for the respondents submits that the writ petition itself is not maintainable for the reasons that the application seeking recall of the order dated 29.10.2011 is pending and the petitioner is availing two remedies simultaneously, which is impermissible under the law. In the submission of learned counsel for the respondents, the present writ petition deserves to be dismissed.