In this writ petition, the petitioner challenged orders dismissing his revision and restoration applications, alleging they were passed without hearing. The High Court held that service was properly effected and remained unreplied to, dismissing the petition and the impugned orders.
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Neutral Citation No. - 2023:AHC:193322
Court No. - 52
Case :- WRIT - C No. - 11791 of 2021
Petitioner :- Shivbardani Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- C.S.C.,Achal Singh,Brijesh Kumar Kesharwani
Hon'ble Saurabh Srivastava,J.
"1. Issue a writ order or direction in the nature of certiorari quashing the order dated 11.02.2021, 13.12.2018 and 21.01.2009 passed by the Additional Commissioner Second Chitrakootdham Region Banda (Annexure no. 9, 7 and 5) to this writ petition.
2. Issue a writ order or direction in the nature of mandamus staying the operation of the order dated 11.02.2021, 13.12.2018 and 21.01.2009 passed by the Additional Commissioner Second Chitrakootdham Regision Banda and also directed to the respondent no. 2 hear the case on merit and after providing opportunity of hearing the petitioner and allow the restoration application during the pendency of this writ petition."
filed an appeal before Pargana Adhikari Hamirpur which was dismissed vide order dated 28.02.1989. Petitioner preferred revision against the order dated 28.02.1989 and 31.08.1988 before the Commissioner, Jhansi Region, Jhansi on dated 19.11.1989. In the meanwhile village of petitioner came in Chitrakootdham, Mandal Banda from Jhansi Region, Jhansi therefore all paper books were transferred from the office of Commissioner Jhansi Region, Jhansi, to Chitrakootdham, Mandal Banda and the petitioner was unaware of this fact and notice was not served upon petitioner and his revision was dismissed ex party vide order dated 21.01.2009 due to non appearance of petitioner.
Order Date :- 6.10.2023 Shaswat
Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the impugned orders dismissing restoration applications should be quashed for lack of opportunity of hearing.
Whether proper service of notice was afforded to the petitioner before dismissing the revision and restoration applications.
Shivbardani
State Of U.P.
Saurabh Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
