Allahabad High Court
Paripurnanand vs State Of U.P. & Others on 12 August, 2010
Author: Krishna Murari
Bench: Krishna Murari
Court No. - 4 Case :- WRIT - C No. - 47733 of 2010 Petitioner :- Paripurnanand Respondent :- State Of U.P. & Others Petitioner Counsel :- B. Narayan Singh Respondent Counsel :- C.S.C. Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
This petition has been filed challenging the order dated 3.6.2010 passed by the Additional Commissioner allowing the revision filed by the respondent no. 6 against the order dated 11.5.2010 passed in proceedings under Section 34 of U.P. Land Revenue Act. It has been contended that the revision has been allowed exparte without any notice and opportunity of hearing to the petitioner. A perusal of the impugned order goes to show that the revisional court allowed the revision and remanded the matter back to the court below to decide the same afresh after notice and opportunity of hearing to all concerned on the ground that the order dated 11.5.2010 was passed exparte without hearing the revisionist. If the contention of the petitioner is accepted and the impugned revisional order is set aside then it would tantamount revival of earlier order which is equally illegal. It is well settled that one illegal order should not be set aside which in turn would restore another illegal order. Further in the facts and circumstances, where the matter has been remanded back to the court below for decision afresh after notice and opportunity of hearing to both the parties, no interference is required in the order impugned in the writ petition.
The petition stands dismissed.
Order Date :- 12.8.2010 nd