- (1.) Heard Dr. H.N.Tripathi, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Shivam Yadav, learned counsel appearing for the respondent no. 2.
(2.) By means of this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 1.7.2013 passed by the VI Additional District Judge, Gautam Budh Nagar in Misc. Case No. 89 of 2001 in Land Acquisition Reference No. 279/84 (Naya Bans Saraswati Sahkari Grah Nirman Samiti Ltd. Ghaziabad Vs.Bhuriya wife of Mohar Singh) by which the petitioner's application dated 11.3.2013 filed under Section 5 of Limitation Act in support of the restoration application seeking recall of the order dated 15.11.1990 has been rejected.
(3.) The facts giving rise to this case are that the Collector Gautam Budh Nagar, while exercising the power vested in him under Section 18 of the Land Acquisition Act, has referred the matter to the District Judge, which was numbered as Land Acquisition Reference No. 279/84 ((Naya Bans Saraswati Sahkari Grah Nirman Samiti Ltd. Ghaziabad Vs.Bhuriya wife of Mohar Singh ). This reference was dismissed in default on 15.11.1990 by the Additional District Judge, Gautam Budh Nagar. The petitioner, herein, has filed restoration application on 17.8.1994. The aforesaid application was dismissed in default on 2.2.2001. The petitioner, herein, has filed another restoration application on 15.3.2001 seeking recall of the order dated 2.2.2001. The said application was also rejected by the court concerned on 20.9.2002.;