VED PARKASH Vs. SUBHASH

JUDGEMENT

(1.) THIS application has been filed by the counsel for respondent No. 1 (Subhash) under order 9 rule 13 read with Section 151 of the CPC for recalling the ex-parte order dated 29.4.1998 passed by me in the case relating to allotment of surplus area; and then deciding the case on merits.

(2.) FACTS of the case are that 58 Kanal 4 Marla surplus pool land had been allotted to Subhash respondent No. 1. The petitioner Ved Parkash then moved a complaint before the Sub Divisional Officer (Civil) Hissar on the grounds that the respondent No. 1 being Govt. employee was not entitled for the allotment which may be cancelled. The Sub Divisional Officer (Civil) then referred the case on 31.3.93 to the Collector Hissar who recommended the reference to the Financial Commissioner Haryana and the then Financial Commissioner (Sh. A. Banerjee, IAS) vide his order dated 8.8.94 dismissed the case for non-prosecution. The respondent No. 2 (Haryana State) then filed application on 10.7.95 praying for cancellation of the allotment of the land in dispute. The case came up for hearing before me on 29.4.98 and after hearing the arguments of the DDA as none was present for the petitioner and the respondent No. 1 despite notice, I vide my order dated 29.4.98 accepted the Collector's recommendations dated 31.5.93 and held that the land in dispute should go to the surplus pool and then be allotted to the eligible persons in accordance with the law. The respondent No. 1 (Subhash) has now filed the present review application dated 11.6.98 for recalling my order dated 29.4.98.

(3.) THE Assistant District Attorney for the State has argued that since the respondent No. 1 had been in Govt. Service since prior to the date of allotment, he was not entitled for the allotment. The Assistant District Attorney as such prays that the review application be rejected and the order of this Hon'ble Court dated 29.4.98 be upheld.