Court No. - 3 Case :- MISC. SINGLE No. - 6477 of 2009 Petitioner :- Abdul Rsheed S/O Chhotan & Ors. Respondent :- Member Hon'Ble Board Of Revenue(Member Judicial) & Ors. Petitioner Counsel :- O.N. Tripathi Respondent Counsel :- C.S.C.,R.N. Gupta Hon'ble Shri Narayan Shukla,J.
Heard Mr. Dileep Kumar, learned Advocate, holding brief of Mr.
O.N.Tripathi,learned counsel for the petitioners.
The petitioners have challenged the order dated 1.11.2007 passed by the
opposite party no.1 I.e Board of Revenue, whereby Revision no.
661/08-09 has been dismissed in default as also the order dated
25.9.2009, whereby the petitioner’s application for recall of order dated
1.11.2007 has been rejected.
Learned counsel for the petitioners submits that the counsel for the
revisionist Mr. O.N.Tripathi in the month of April, 2005 was diagnosed
as a patient of renal failure and has undergone dialysis upto 22.2.2006,
on which date, renal transplant took place and he was advised by the
doctors to take precaution and avoid infection, as such he could not
appear and the case was dismissed for non- prosecution. He further
submits that due to illness of counsel for revisionist the case could not
be attended Therefore, the application for recall of order and restoration
of the case is liable to be allowed.
Considering the facts and circumstances of the case I am of the view
that the petitioners are not at fault to pursue his case. The reason for not
attending the case by the counsel for revisionist, as stated here-in-above,
appears to be genuine. Therefore, I hereby quash the orders dated
1.11.2007 and 25.9.2009 passed by the opposite party no.1 and restore
the revision to its original number with the direction to the revisional
authority to decide the revision on merit after providing opportunity of
hearing to the parties concerned.
In the result, the writ petition is allowed.
Order Date :- 6.1.2010
GSY