Ratan Singh v. Deputy Director of Consolidation, Sultanpur and Others
2010-11-12
YOGENDRA KUMAR SANGAL
body2010
DigiLaw.ai
Hon’ble Yogendra Kumar Sangal,J.—C.M. Application No. 74604 of 20101. This is an application to recall the order dated 21.05.2010 passed in Writ Petition No. 140 of 1981. By this order, writ petition was dismissed in default of the petitioner-applicant. As this application was moved with delay, so another application for condoning the delay in moving the application was moved.2. Notice was issued to the respondent No. 3/1. Objection along with counter affidavit were filed. Rejoinder affidavit of the same was also filed.3. Heard learned counsel for the applicant-petitioner, learned standing counsel for the respondents No. 1 and 2 and also counsel for the respondent No. 3/1 and perused the record.4. This writ petition was filed for the relief of quashing the order contained in Annexure No. 1, 3 and 4 of the writ petition. As per case of the petitioner, on the basis of some gift-deed executed by the deceased respondent No. 3 Kanak Raj Kuwari it is said that some mutation order was passed by the authorities and name of the petitioner was entered in the revenue record. Subsequently, on the application of the deceased-respondent No. 3 itself in proceedings this mutation order was set aside saying that no such mutation order was in existence at any time.5. An application to review the same was also moved on behalf of the petitioner-applicant, but the same was rejected vide order dated 17.07.1978. This order was challenged before the learned Deputy Director of Consolidation in revision proceedings but the same was also dismissed. Aggrieved by these two orders, this petition was filed for quashing these orders. Record also shows that on the basis of some compromise arrived between the parties, case was get adjourned on behalf of the petitioner. Matter was referred to the Registrar for verification of the compromise, but as there was no compromise-deed on the record and no one appeared before the Registrar so matter was sent back to this Court by the Registrar. Again case was listed for hearing on 20.05.2010. On that date, learned counsel for the petitioner did not appear and some other advocate appeared on his behalf and on the request of counsel for the petitioner through that advocate, the case was adjourned for 21.05.2010 as it was also prayed by that advocate on his behalf.
Again case was listed for hearing on 20.05.2010. On that date, learned counsel for the petitioner did not appear and some other advocate appeared on his behalf and on the request of counsel for the petitioner through that advocate, the case was adjourned for 21.05.2010 as it was also prayed by that advocate on his behalf. Taking the plea that this order of fixing the case on 21.05.2010 was not brought in his notice, so neither the petitioner appeared nor counsel has put in his appearance and case was dismissed. To recall the order dated 21.05.2010 on the aforesaid ground, this application was filed.6. The contention of the affidavit on behalf of the applicant were refuted on behalf of the respondent No. 3/1 saying that petitioner and his counsel were having sufficient knowledge of the date i.e. 21.05.2010, but they did not appear in the case knowingly only for the purpose of lingering of the case. Facts given in the application and affidavit are not correct. Although facts given in the counter affidavit were challenged on behalf of the petitioner through rejoinder affidavit but from the record, it reveals that case was pending since long and 30 years have lapsed. No stay order was in favour of the petitioner. Much water has been flown. Order passed by learned Deputy Director of Consolidation appears have attained finality. Moreover no sufficient ground have been shown for absence of the petitioner and his counsel on 21.05.2010. Record also shows that argument raised on behalf of the respondent is not without force that only to lingering the matter, this petition was got dismissed and with inordinate delay application to recall the same was moved.7. There is no force in the application to recall the order dated 21.05.2010. Accordingly, application is hereby dismissed.(Application dismissed)_____________