RAJA RAM Vs. STATE OF U P

JUDGEMENT

(1.) Rejoinder-affidavit filed be kept on record. Heard learned counsel for the petitioner and the learned standing counsel.

(2.) In this writ petition the prayer is for quashing the orders dated 26.3.1982 and 18.12.1982 (Annexures 2 and 3 to the writ petition) passed by the District Judge, Gorakhpur.

(3.) The brief facts are that the competent authority under the Urban Land Ceiling and Regulation Act determined the surplus land from the holding of the petitioner rejecting his objection that his sons had also share in the land in question, An appeal under Section 33 of the Act was filed which was dismissed in default by the appellate authority on 26.3.1982 vide Annexure 2. An application for restoration of the aforesaid appeal was filed which too was dismissed on 18.12.1982 through order contained in Annexure 3. These two orders are in challenge. The main challenge is to the order dated 18.12.1982. The contention is that once an appeal was admitted and was dismissed in default, the view of the appellate authority that the appeal so dismissed in default cannot be restored and provisions of Order XLI, Rule 19. C.P.C. are not attracted, is not correct and in accordance with law. Learned standing counsel has supported the view taken by the appellate authority.