AURANGJEB versus COMMISSIONER, SAHARANPUR DIVISION, SAHARANPUR & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Aurangjeb v. Commissioner, Saharanpur Division, Saharanpur & Others - WRIT - C No. 69043 of 2006 [2006] RD-AH 21358 (19 December 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Anjani Kumar, J.

Heard learned counsel for the petitioner.

The petitioner, aggrieved by an order passed by the Additional Commissioner, Saharanpur Division, Saharanur dated 20th November 2006, whereby revision filed by the petitioner against refusal to restore the proceedings under Section 176 of Land Revenue Act has been dismissed, approached this Court by means of this writ petition under Article 226 of the Constitution of India. The trial court as well as the revisional court has categorically held that none of the rights of the petitioner are affected and the order by which the proceedings under Section 176 were dropped was passed in absence of both the parties. In these circumstances the revisional court has found that it is not justified to reject the application only on the ground as argued by the learned counsel for the petitioner that there was no prayer for condonation of delay.

In view of the findings recorded by the Additional Commissioner, I do not find any error in the order impugned in the present writ petition which may justify interference by this Court under Article 226 of the Constitution of India. The writ petition is, therefore, dismissed.

Dt: 19.12.2006.

mhu - 69043/06

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