Mahendra Singh Rawat (Since Deceased) & Others vs Hukum Singh & Others

Manoj Kumar Tiwari, J

Since common questions of law and fact are involved in these writ petitions, therefore are being taken up together and are being decided by this common judgment. However, for the sake of brevity, facts of WPMS No. 1919 of 2021 are being considered.

By means of this writ petition, petitioners have sought the following reliefs:-

"a) Quash/set aside the judgment and order dated 16.08.2021 passed by the learned Additional Commissioner, Garhwal Division, Pauri in Restoration Application No. 5 of 2020-21 (Mahendra Singh Rawat (deceased) through legal heirs) Vs. Hukum Singh and others), filed as Annexure No. 15.

b) Quash/set aside the judgment and order dated 02.02.2016 passed by the learned Board of Revenue, Uttarakhand, Dehradun in Review Application No. 02/2009-10 (Hukum Singh and others Vs. Mahendra Singh Rawat and others), filed as Annexure No.-9.

c) Direct the learned Trial Court/Assistant Collector, Ist Class, Kotdwar, Pauri Garhwal to decide the Original Suit No. 52/2006 (Mahendra Singh Rawat (deceased) through legal heirs Vs. State of Uttarakhand and others) alongwith Original Suit No. 12/2007 (Hukum Singh and others Vs. Ravi Dutt and others), Original Suit No. 26/2006-07 (Hemlata Rawat Vs. Ravi Dutt and others) within a stipulated period."

Learned Senior Counsel appearing for the petitioners submits that he is giving up challenge to order dated 02.02.2016 passed by Board of Revenue and he is not pressing prayer nos. 'b' & 'c' at this stage.

Against two decrees passed by Assistant Collector, Ist Class Kotdwar, District Pauri Garhwal, petitioners had filed Revision No. 06 of 2021 & Revision No. 07 of 2021, under Section 333 of U.P.Z.A. & L.R. Act. They had also filed a Restoration Application before Additional Commissioner, Garhwal Division, Pauri, which was numbered as Restoration Application No. 05 of 2020-21.

All the aforesaid cases were being heard together and vide order dated 02.08.2021, learned Additional Commissioner fixed the next date as 06.09.2021 for orders in all the three cases.

Grievance of the petitioners is that learned Additional Commissioner has decided all the three cases on 16.08.2021, without any notice or intimation regarding preponement of the date fixed in the matter.

Mr. Navnish Negi, learned counsel appearing for respondent no. 1 also does not dispute that originally, the date fixed for orders was 06.09.2021, however, all the three cases were subsequently decided on 16.08.2021.

Since learned Additional Commissioner had fixed 06.09.2021 as the date for orders, therefore, he could not have decided the proceedings on 16.08.2021, that too when learned Additional Commissioner had granted time to the petitioners for getting some order passed on their application, seeking transfer of the cases to some other Court. On this ground alone, impugned judgment and order dated 16.08.2021 passed by learned Additional Commissioner, Garhwal Division Pauri is liable to be set-aside and is hereby set-aside.

Accordingly, the writ petitions are allowed and the matter is remanded back to learned Additional Commissioner to hear and decide Revision No. 06 of 2020-21, Revision No. 07 of 2020-21 and Restoration Application No. 05 of 2020-21 afresh after hearing the parties.