NAJAR BAND Vs. STATE

JUDGEMENT

(1.) LEARNED counsel Shri Sudesh Gupta appearing for Mr. N. K. Goyal for the petitioner submitted that this petition is squarely covered by the decision of this Court (Hon'ble Bhagwati Prasad, J.) dated 3. 5. 1999 delivered in S. B. Civil Writ Petition No. 477 of 98 (1 ). He submitted that in the same line this petition may also be allowed and decree drawn by the Board of Revenue setting aside the decree of trial Court be set aside and the trial court be directed to try the suit afresh.

(2.) HOWEVER, learned counsel Shri Jain appearing for the respondent vehemently submitted that it was an ex-parte order and without hearing the State, straightway the order was passed by the Hon'ble Bhagwati Prasad, J. and on merits also this case also it has no application. According to Mr. Jain for the respondents, in this case there was a voluminous evidence showing that the land was Govt. land.

(3.) 16-2-87