S.K.Singh, J. - (1.) When the writ petition was taken up on 5.4.2005, in view of the submission as advanced by the learned Counsel for the petitioner as noted in the order, Sri Ali Hasan, learned Advocate who appeared on that date on behalf of respondent Nos. 3 and 4 stated that appearance will be filed by respondent Nos. 5 and 6 by the next date so that matter may be finally decided in the light of the arguments as noted.
(2.) Today Sri Shivajee Singh Sisodia, learned Advocate has filed appearance on behalf of respondent No. 5 and 6 and the submission is that in view of the argument of the learned Counsel for the petitioner about lack of opportunity to the petitioner before the Revisional Court if the matter is required to be decided within the time bound schedule, the interest of justice will met.
(3.) Proceedings are under section 20 of the U.P. C.H.- Act which is in respect to the adjustment of the chaks between the parties. Against the order of the appellate authority petitioner filed revision before the Revisional Court which was dismissed on 15.9.2003. Restoration was filed by the petitioner on the ground that petitioner's Counsel did not argue and for the reasons as indicated in the affidavit order is ex-parte. In the affidavit filed before the Revisional Court it was stated that Sri Raghav Saran Pandey who was appearing on petitioners behalf did not argue the matter. Notice which is said to have been served on the petitioner has also been brought on record which indicates that the notice was served on Sridhar Dwivedi son of Durga Prasad Dwivedi. In view of the aforesaid restoration application which was filed by the petitioner also appears to have been wrongly rejected. Be as it may, as the claim of the petitioner is about decision of the Revisional Court without any proper opportunity, on the facts and details as noted above and keeping in mind the anxiety of the respondent also it appears to be in the ends of justice that the concerned Revisional Court be asked to decide the revision filed by the petitioner afresh without allowing any unwarranted adjournment to either of the parties within a period of three months from the date of receipt of certified copy of this order.;