ADITYAPUR INDUSTRIAL AREA DEVELOPMENT AUTHORITY Vs. INDUSTRIAL PLASTICS

JUDGEMENT

(1.) THE present writ application has been preferred mainly against the order passed by the District Judge, Seraikella - Kharwawan dated 15.03.2007 in Miscellaneous Application No. 03 of 2006, whereby the Miscellaneous Application preferred by the respondent was allowed and thereby the ex-parte order passed in Title Appeal No. 01 of 1999 was quashed and set aside and Title Appeal No. 01 of 1999 was ordered to be re-heard by cancelling an ex-parte order in title appeal. The original defendant/appellant in title appeal No. 01 of 1999 has preferred this writ petition.

(2.) HAVING heard learned counsels appearing on behalf of both the sides and looking to the facts and circumstance of the case, I see no reason to entertain in this writ petition. (I) It appears that the present respondent is the original plaintiff, who has been allotted the land by the respondent (original plaintiff) sometime in the year 1973 for proper utilization of the land. It is alleged by the counsel for the petitioner that the land in question was not utilized at all for more than a period of two decades and, therefore, allotment was cancelled ultimately in the year 1994. (II) It appears that aggrieved by the order of cancellation, the present respondent, who is original plaintiff preferred Title Suit No. 73 of 1996 before the trial court, which was decreed in favour of the plaintiff vide judgment and decree dated 19th September, 1998. (III) It appears that the original defendant had preferred Title Appeal No. 01 of 1999 before the lower appellate court. There was also a delay of 300 days in preferring Title Appeal No. 01 of 1999. (IV) It appears that the notice was not served properly to the original plaintiff in Title Appeal No. 01 of 1999. It also appears in the facts of the case that no notice was ever issued much less a public notice in the application for condonation the delay in Title Appeal No. 01 of 1999. Thus, the lower court :-

(3.) IN view of these facts and reasons, there is no substance in this petition. Accordingly, this writ petition is dismissed.