- (1.) HEARD Sri R.C. Pathak, learned counsel for petitioner, Sri Vinay Bhushan, learned Additional C.S.C. for respondents No.1 & 2 and Sri Azad Khan, learned counsel for Gaon Sabha, opposite party No.3.
(2.) MATTER relates to nine plots bearing No.31, 38, 42, 43, 45, 46, 47, 48, and 102.
(3.) THIS writ petition is directed against two orders passed by D.D.C., Barabanki. The first order was passed on 06.12.2013 on restoration application in Revision No.954/417/1150, Gaon Sabha Vs. Babu Ram allowing the restoration application and second order was passed on 31.12.2013 in the earlier revision and Revision No.911, Gaon Sabha Vs. Babu Ram allowing both the revisions. Earlier S.O.C. Barabnaki had passed an order in favour of the petitioner on 30.12.1985 in Appeal No.838 (Annexure -IV). Against the said order Gaon Sabha filed Revision No.1150 annexing therewith only the entries in C.H. Form No.23 and alleging that in fact no order had been passed on 30.12.1985 hence it was not available. The revision was dismissed on 30.01.1999. (However, in the said order it was mentioned that petitioner had been granted asami patta and Gaon Sabha could take proceedings for cancellation of the patta and eviction of the petitioner.) Thereafter, restoration application was filed by Gaon Sabha, which was dismissed in default on 17.07.2000. Thereafter, another restoration application was filed for setting aside both the orders dated 17.07.2000 as well as 30.01.1999. Through the order dated 06.12.2013, both the orders were set aside and date was fixed for hearing the revision.;