Mahabir Prasad Vs State of U.P. and 3 Others

Court No. - 68

Case :- WRIT - C No. - 20320 of 2020

Petitioner :- Mahabir Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Kumar Pathak Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

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Hon'ble Siddhartha Varma,J.

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It may be noted that defect, if any, reported by the Stamp Reporter may be rectified within two weeks from today.

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In a proceeding under Section 122B of the U.P.Z.A. & L.R. Act, when the orders for demolition were passed, the petitioner filed a Revision/Appeal being Revision No. 1861 of 2019 (D201917140001861) under Section 67(5) of the U.P. Revenue Code, 2006.

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It is the contention of the learned counsel for the petitioner that as the Code of Civil Procedure was made applicable by Section 214 of the U.P. Revenue Code, 2006, in proceedings under the Code and as per the order XLI Rule 17 of the C.P.C. the Revision could not have been decided on merit but ought to have been dismissed for want of prosecution, the order was erroneous.

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Learned counsel for the petitioner submits that because of the non-appearance of the petitioner, the actual arguments which were to be made before the Appellate/Revisional Court could not be made and, therefore, the Appeal/Revision was wrongly dismissed in the absence of the petitioner.

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Learned Standing Counsel could not dispute the fact that the Code of Civil Procedure had been made applicable by Section 214 of the Code in proceedings under the Code.

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Under such circumstances, the order dated 3.7.2020 is set aside

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and the Appeal/Revision No. 1861 of 2019

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(D201917140001861) is restored to its original number.

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The petitioner shall appear before the Court on 23.12.2020 and the Appeal/Revision shall be decided on merits within one month of the date fixed by this Court.

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The writ petition is allowed.

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Order Date :- 9.12.2020 PK

Mahabir Prasad v. State of U.P. and 3 Others

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Mahabir Prasad v. State of U.P. and 3 Others

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