RUPENDRA SINGH Vs. BOARD OF REVENUE AND ORS.

JUDGEMENT

(1.) Heard Sri Shivakant Singh, learned counsel for the petitioner and Sri Ajit Kumar Singh, learned Standing Counsel appearing on behalf of respondent Nos. 1 and 2.

(2.) This writ petition has been filed seeking the following material relief and no other:

(3.) The submission of the learned counsel for the petitioner is that the respondent Nos. 3 to 5 filed a suit for declaration under Section 229B of the U.P.Z.A.&L.R. Act before the Sub Divisional Officer, Hapur to which the petitioner was not a party. The said suit was decreed ex parte on 07.07.2003, adversely affecting the petitioner's interest. He, therefore, filed an application seeking impleadment on 01.09.2003, without a prayer to set aside the ex parte decree. The said application was rejected by the Sub Divisional Officer on 12.01.2004 on ground that there was no prayer to set aside the ex parte decree. Again, the petitioner made an application on 14.01.2004, seeking to set aside the ex parte decree dated 07.07.2003, accompanied by a delay condonation application, and, also an application for impleadment, supported by an affidavit. The said applications were also dismissed by the Sub Divisional Officer, Hapur on 07.07.2004. The petitioner filed an Appeal to the Commissioner, Meerut Division, Meerut being Appeal No. 49/2003-04. The Additional Commissioner, Meerut, before whom the Appeal came up, dismissed the same by a judgment and decree dated 24.08.2006.