Bala Krishna Narayana, J. - (1.) DESPITE being served the Respondent No. 4 to 10 have not filed counter affidavit. The State has also not filed any counter affidavit.
(2.) THIS writ petition has been filed by the Petitioner with a prayer to quash the judgment and order dated 20.12.2005 passed by the Respondent No. 2 in Second Appeal No. 19/2005 -06 dismissing the appeal and confirming the judgment and decree dated 13.7.2004 passed by the Respondent No. 2 in appeal No. 253/5 of 2004 and 254/6 of 2004 preferred by him against the judgment and order dated 13.7.2004 passed by the Respondent No. 3 in case No. 448 of 2001 under Section 229 B of U.P.Z.A & L.R. Act. Learned Counsel for the Petitioner submitted that the Respondent No. 1 dismissed the second appeal preferred by the Petitioner against the judgment and decree passed by the court below without even adverting to the grounds on which the judgment and decree passed in first appeal were assailed before him by the Petitioner. He further submitted that the order passed by the Respondent No. 1 neither reflects any application of mind by the second appellate court to the facts of the case and the illegalities which were pointed out by the Petitioner in the judgments passed by the trial court as well as by the first appellate court. Learned Counsel for the Petitioner lastly contended that the order passed by the Respondent No. 1 is a non -speaking and cryptic order which cannot be sustained for a moment.
(3.) AFTER examining the submissions made by the learned Counsel for the Petitioner and perusing the impugned order I find that the submissions made by learned counsel for the Petitioner have substance. I have perused the order passed by the Respondent No. 1 copy whereof is Annexure -5 to the writ petition and I find that the Respondent No. 1 has in the impugned order neither referred to the facts of the case nor he has dealt with the grounds on which the order passed by the trial court and the first appellate court were challenged before him. The Respondent No. 1 has affirmed the order passed by the court below in casual and cursory manner.;