KRISHNA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) These are two Revision Petitions filed by Smt. Krishna Devi widow of Munni Lal under Sec. 219 of the U.P. Land Revenue Act against the orders dated 7-11-1973 and 5-2-1974 passed by the Commissioner, Meerut Division, Meerut in a case of sale of property for recovery of Government dues as arrears of Land Revenue.

(2.) Briefly, the facts of the case are that in pursuance of a Recovery Certificate issued in respect of the unpaid industrial loan by Sri Munni Lal, his house situated in the Dehradun town was attached and put to auction sale. The highest bid was Rs. 20,500.00 by Pritam Singh, and the Collector referred the same to the Commissioner for confirmation. In the Commissioner's court, Munni Lal filed an objection under Rule 285-1 of the U.P.Z.A. and L.R. Rules. The case was decided ex parte by the Commissioner vide his order dated 17-11-1973, and the sale was confirmed. Meanwhile, Munni Lal had died. His widow Smt. Krishna Devi moved a restoration application dated 7-1-1974. It seems that the Commissioner condoned the delay in moving the restoration application and restored the case. However, through his order dated 5-2-1974, he rejected the objections against the sale and confirmed the sale.

(3.) The two Revision Petitions under consideration are directed against the above mentioned orders of the Commissioner dated 7-11-1973 and 5-2-1974. Obviously, the Commissioner's ex parte order dated 7-11-1973 has merged in his subsequent order dated 5-2-1974, and hence no Revision Petition would lie against the Commissioner's order dated 17-11-1973. The first petition is decided accordingly.