DARSHAN SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) By the order, dated 14.10.2011, passed by the learned Commissioner, Jhansi Division, Jhansi, in Revision No.40 of 2010-2011, (Darshan Singh Vs. Jagdish Singh and others), the order passed by the learned Commissioner, Jhansi Division, Jhansi in like proceedings, on 20.6.2011, has been recalled, and the matter has been remitted to the trial court for fresh adjudication.

(2.) The petitioner, is aggrieved by the order dated 14.10.2011, passed by the learned Commissioner, Jhansi Division, Jhansi, in Revision No.40 of 2010-2011, (Darshan Singh Vs. Jagdish Singh and others), and has assailed the said order, in the instant writ petition.

(3.) Sri S.K. Chaturvedi, learned counsel for the petitioner, in support of the writ petition, submits that the Collector, does not have the jurisdiction to recall the order, passed by the learned Revisional Court, on an earlier occasion. Secondly, the guarantor, at whose instance, the recall order was passed, does not have any locus standi, to question the auction, and challenge the order, passed by the learned Commissioner, Jhansi Division, Jhansi. The auction, was conducted in accordance with law. The petitioner, was the auction purchaser, and pursuant to said auction, sale certificate was issued in favour of the petitioner. He further submits, that the conditions precedent for setting aside the auction, framed under the rules of U.P. Zamindari Abolition & Land Reforms Rules, 1952, were not satisfied, in the instant case.