Phoolmati v. Assistant Director of Consolidation, Deoria
1989-11-03
K.P.SINGH
body1989
DigiLaw.ai
JUDGMENT K.P. Singh, J.- Aggrieved by the order of the revisional court dated, 3-8-88 the petitioners have approached this court under Article 226 of the Constitution. 2. The main contention raised on behalf of the petitioners is that the petitioners were not party to the revision petition decided by the impugned judgement nor they were heard by the revisional court. The revisional court has patently erred in reducing the valuation of the petitioners plot no. 2812. 3. If the contentions raised on behalf of the petitioners to the effect that the petitioners were not heard by the revisional court and the revision petition has been decided without affording them reasonable opportunity. I think that the impugned order would be recalled by the revisional court if the petitioners approach the revisional court hereafter. 4. As regards reduction of the valuation of the petitioners plot, it would be open to the petitioners to agitate this point before the revisional court. 5. It is well known by now that any order passed against a party without hearing him is bad in law and cannot be sustained. Therefore if the contentions raised on behalf of the petitioners are correct, the impugned order would be recalled by the revisional court and the revisional court shall decide the claims of,the petitioners strictly in accordance with law. It is also made clear that if the petitioners approach, the revisional court hereafter, the revisional court shall not indulge into any technicality and treat the application filed by the petitioners as a miscellaneous application and afford an opportunity to the petitioners if they were not heard earlier. 6. With the above observation this writ petition is finally disposed of at this stage. It is expected that the revisional court shall carry out the spirit of the above order and hear the petitioners if the averments contained in paragraph 7 of the writ petition are correct. The revisional court shall also see that the petitioners may not be evicted from the land in their possession till their application filed hereafter is disposed of by the revisional court. 7. A copy of this order may be given to the learned counsel for the petitioners on payment of necessary charges within 24 hours.