SIDDHARTHA VARMA,J. - (1.) Heard learned counsel for the parties and perused the record.
(2.) Against an order of the Collector/District Magistrate, Azamgarh dated 28.06.2007 by which a deficiency in stamp duty to the tune of Rs. 17,180/- was found the petitioners had filed a revision. This revision was filed before the Court of Commissioner, Azamgarh Division Azamgarh. On 05.06.2009, the revision was transferred to the Court of Ist Additional Commissioner, District-Azamgarh Division Azamgarh. When the case was being transferred a date was also fixed for 19.06.2009. On 19.06.2009 however, in the absence of the petitioner the Revision was dismissed in default. For recalling of the order dated 19.06.2009, the petitioners filed a Restoration Application on 04.07.2009. However, the application was rejected on 12.03.2010 saying that the petitioners had not been able to establish that they were not in the known of the order dated 05.06.2009.
(3.) Aggrieved by the passing of the orders dated 12.03.2010 and 19.06.2009, the instant writ petition has been filed. Learned counsel for the petitioner has submitted that a perusal of the application dated 04.07.2009 makes it clear that the petitioners were aware of the order dated 05.06.2009 and, therefore, they could present themselves on 19.06.2009. They had no knowledge about the order dated 05.06.2009 as the petitioners had attended the Court on that date on the instruction of their counsel that they were required to be present before the Court.;