RAMESH CHANDRA TIWARI Vs. SHYAM BIHARI

JUDGEMENT

(1.) THIS writ petition is pending since 2002, it has been admitted and is listed for final hearing. It was listed for final hearing in the week commencing 7 th January, 2013 and, throughout the week, none appears for respondents no. 1 to 9, inspite of the case being called on more than 2 occasions. Again the case is listed in the week commencing from yesterday i.e. 21 st January, 2013 and when the case is taken up for hearing today at 3 P.M., none is appearing for respondents no. 1 to 9.

(2.) CONSIDERING the fact that the case is of the year 2002, I have heard learned counsel for the petitioner and I am proceeding to decide the matter based on the material available on record and submission made by learned counsel for the petitioner and the counsel for the State.

(3.) IN the property, one Shri Jageshwar Kahar preferred an appeal before the Collector, Rewa against the order dated 16/02/52 passed by the Tahsildar and the said appeal was allowed by the Collector on 20th May, 1954. Aggrieved by this order dated 20th May, 1954, all the three persons namely Ramkrishna, Awadh Sharan and Kuber Prasad filed further appeals before the Commissioner, Rewa Division and vide order dated 15/11/54, the Commissioner allowed the appeal and restored the order passed by the Tahsildar on 16/02/52 and quashed the order passed by the Collector on 20th May, 1954. The orders passed by the Tahsildar, Collector and the Commissioner as indicated hereinabove are collectively filed as Annexures P -1, P -2 and P -3 respectively.