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2008 DIGILAW 901 (RAJ)

Dinesh Kumar v. Smt. Durga Devi

2008-03-28

MUNISHWAR NATH BHANDARI, NARAYAN ROY

body2008
JUDGMENT 1. 1. Heard learned counsel for the parties. 2. This appeal is directed against the order dated 16.7.1999 passed by the learned Single Judge in S.B. Civil Writ Petition No. 2410/99 whereby the writ petition of the petitioner-non-appellant was allowed. 3. Learned counsel for the appellant submits that he was a caveator In the writ petition as non-petitioner No. 4 and on the first day of listing and admission of the case, the matter was finally decided. For this purpose, learned counsel for the appellant referred the order passed by this Court on 11.8.1999 in the present appeal wherein elaborately aforesaid issue has been discussed and it has been noticed that without proper opportunity of hearing, the writ petition was disposed of. 4. The prayer of the learned counsel for the appellant is thus that the matter should be remanded back to the learned Single Judge for fresh hearing after providing full opportunity of hearing to all the parties concerned. 5. Learned counsel for the non-appellant submits that matter may be remanded back to the Revenue Appellate Authority instead of learned Single Judge. 6. We have considered the rival submissions and perused the order passed by this Court on 11.8.1999. 7. Perusal of the order dated 11.8.1999 shows that the same was passed in presence of both the contesting parties and therein it was noticed that the learned Single Judge decided the matter on the same day when it came for consideration on first occasion and the matter was in fact admitted and decided then and there. Looking to the aforesaid, this Court even passed.. interim order on 11.8.1999. 8. Taking note of the contention recorded therein, we are satisfied that no proper opportunity of hearing was provided to the parties in writ petition, even reply to the writ petition could not be filed. 9. In view of the above, we set aside the order dated 16.7.1999 and remit the case back to the learned Single Judge for fresh hearing and decision thereupon after providing full opportunity of hearing to all the parties concerned.The appeal is allowed accordingly.Appeal allowed. *******