KATWARU Vs. ADDL COMMISISONER ADMINISTRATION

JUDGEMENT

(1.) Heard learned counsel for the petitioner, the learned Standing Counsel for the State respondents as well as Sri Ramanand Pandey, who has appeared for the respondents 2 to 5. Although the Gram Panchayat is represented, none has appeared on its behalf even in the revised call.

(2.) This petition impugns the orders dated 7 April 1999 and 23 December 2002. In terms of the order of 7 April 1999, the Additional Commissioner has set aside the orders dated 4 December 1992 and 22 December 1995 in terms of which the petitioner was extended the benefits comprised in Section 122-B(4-F) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 [hereinafter to be referred as "the Act"]. The petitioner asserting that the aforesaid order was ex parte, filed an application for recall. That recall application came to be dismissed on 23 December 2002 with the Additional Commissioner holding that he had no jurisdiction to recall a final order passed. He further observed that since the petitioners had failed to participate in the original proceedings as a consequence of which they were taken ex parte it would be open to them to establish their rights before a competent authority.

(3.) During the pendency of the present petition, the original petitioner died. His heirs were substituted in the writ petition on 25 September 2013. The essential facts which would be relevant for the purposes of disposal of the writ petition are noted hereunder.