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1988 DIGILAW 1021 (ALL)

Ram Gopal v. Deputy Director of Consolidation, Fatehpur

1988-11-02

K.P.SINGH

body1988
JUDGMENT K.P. Singh, J. - Aggrieved by the order of the revisional court, dated 4-8-1988 in Revision No. 1027 of 1988, under Section 48 of the U.P.C.H. Act smt. Madhuri Rani v. Sukh Nandan and others, the petitioners have approached this Court under Article 226 of the Constitution. 2. The main contention raised on behalf of the petitioner before me is that the petitioners were neither parties to the revision petition nor were they heard by the revisional Court yet their chaks have been disturbed as is evident from the chart attached with the impugned Judgement the contention raised on behalf of the petitioners relates to question of fact which can better be appreciated by the revisional Court. If the contention raised on behalf of the petitioners are correct, i am sure that the revisional court shall not indulge into any technically and recall its order dated 4-8-1988 and hear the petitioners and there thereafter decide the claims of the parties interested in the litigation. 3. At this stage the learned counsel for the petitioners has stressed that the copy of the grounds of revision petition has been filed wherein the petitioners were not made parties. That may be so, but the real question is whether the petitioners were heard by the revisional court before passing the impugned Judgement dated 4-8-1988. if they have not been heard, it is well known by now that any adverse order passed by a court against a party is not sustainable in the eye of law. I direct the petitioners to approach the revisional Court hereafter Which will decide the claim of the parties strictly in the light of the observation made above. 4. In the result, the writ petition is finally disposed of but it is expected that the revisional court shall look into the claim of the petitioners and if they were not heard before the impugned Judgement dated 4-8-1988 was passed, the revisional court shall recall its order and afford reasonable opportunity to the petitioners and decide their claim strictly in accordance with law. The revisional Court shall also see that the impugned order dated 4-8-1988 is not implemented till the petitioners application hereafter is decided by the revisional court. 5. Copy of the order may be given to the petitioner on receipt of usual charges within 24 hours.