Ram Dheeraj Verma and Another vs State of U.P.and Others

I.M. Quddusi, J.

Heard learned counsel for the petitioners and the learned Standing Counsel for the State of U.P.

This writ petition has been filed against the impugned order dated 16.9.2002 passed in Appeal No.87 (Restoration) Faizabad by the Additional Commissioner (Administration), Faizabad Division, Faizabad.

In fact the appeal was filed against the order of prescribed authority (Ceiling) under Section 13 of the U.P. Imposition of Ceiling on land Holdings Act, which was dismissed in default on 1.9.98, against which the petitionersappellants moved an application for restoration on 29.9.98, but the Petitionersappellants did not do pairvi of the case and the said application was ultimately dismissed on 28.9.98, against which again the petitionersappellants moved an application for restoration on 7.1.99 which was again dismissed in default in the absence of the petitionersappellants on 18.3.99. The petitionersappellants again moved an application for restoration on 8.4.99, which was again dismissed in default in the absence of the petitionersappellants on 2.6.99, against the same the petitionersappellants moved an application for restoration on 22.6.99, which was again dismissed in default in the absence of the petitionersappellants on 27.8.99. Thereafter, the petitionersappellants again moved an application for restoration dated 24.9.99 which was allowed on 30.1.2001 and the order dated 27.8.99 dismissing the application in default was set aside but remaining applications were rejected by the learned Additional Commissioner.

To cut short the matter and with intention that the case of the petitioners should be heard on merits I think the petitioners should be directed to appear other in person or through counsel before the learned Additional Commissioner (Administration), Faizabad Division, Faizabad to argue the appeal and the appeal should be decided as expeditiously as possible and for the negligence committed by the petitioners in not doing pairvi a heavy costs is liable to be imposed for allowing the applications.

Therefore, this writ petition is disposed of finally with a direction that all these applications for restorations pending before the Additional Commissioner (Administration) Faizabad Division, Faizabad are allowed subject to deposit a sum of Rs.35,00/ as costs in the court of Additional Commissioner concerned which shall be sent to the office of Legal Services Authority, U.P. and shall be utilized for welfare of the people or an approach being made to the Legal Services Authority for legal aid. The petitioners shall appear either in person or through counsel before the Additional Commissioner, Faizabad Division, Faizabad on 28.1.2002 the Additional commissioner shall hear the matter on that date or any subsequent date and in case the petitioners still remain absent, he may decide the appeal on merits. The hearing of the appeal shall not take place unless the above mentioned cost is deposited. As this Court feels that there is a gross negligence on the part of the petitioners in not doing pairvi, may be with intention that by keeping the appeal pending for long time, he may enjoy the land which may be in fact surplus according to the Act.

(Ordered accordingly)