Court No. - 6 Case :- WRIT - C No. - 71684 of 2009 Petitioner :- Narain Babu Tripathi Respondent :- Board Of Revenue, U.P. Lucknow And Others Petitioner Counsel :- Kailash Pati Pandey Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the
State-respondents.
This writ petition is directed against the order passed by the Additional
Commissioner-II, Chitrakootdham Division, Banda dated 22nd August, 2009
in revision no. 99/47 of 2008-09 filed by the petitioner against the order
passed by the Tehsildar dated 15th November, 2008, whereby he has allowed
the review application filed by the respondent no. 3, Fatma after recalling the
earlier orders dated 17th March, 1985 and dated 22nd January, 1991. Under
the impugned order the Additional Commissioner has recorded that the
respondent was entitled to opportunity of hearing by the Tehsildar before
passing the order dated 17th March, 1985 and dated 22nd January, 1991 and
therefore, it has been held that the order passed by the Tehsildar dated 15th
November, 2008, where-under he has set aside the earlier ex parte orders and
has provided opportunity of hearing to the widow of the recorded tenure
holder, was in accordance with law.
Having considered the submissions made by the learned counsel for the
parties and having perused the records of the present writ petition, I am of the
considered opinion that the orders passed by the authorities resulted in
opportunity of hearing to the widow of recorded tenure holder. Such orders
are passed in the interest of substantial justice and have the affect of
affording opportunity of hearing to the parties to contest the issue on merits
instead of permitting ex parte order to continue on record. Such orders do not
warrant any interference by this Court under Article 226 of the Constitution of
India. The present writ petition is accordingly dismissed.
Order Date :- 5.1.2010
Sushil/-