O.P.Garg, J. - (1.) The petitioner is a registered housing society of which Ram Charan--respondent No. 4 is a member. By virtue of his membership, he was allotted land in plot No. 133 situate at Khyora Bangar in district Kanpur. A lease deed for a period of 99 years dated 25.4.1981 was registered on 7th July, 1981. Under the terms of the aforesaid lease, the respondent No. 4 was required to pay development charges and the lease rent, etc., to the petitioner-Samiti. The case of the petitioner-Samiti is that in spite of the repeated letters and reminders, the respondent No. 4 did not pay the development charges and consequently on 11.2.1990, the petitioner-Samiti adopted a resolution that if by 15th April. 1990, the respondent No. 4 does not pay the requisite amount, his lease shall be cancelled. Ultimately, on the failure of the respondent No. 4 to pay development charges, lease was cancelled. An application under Sections 70/71 of the U. P. Co-operative Societies Act, 1965 (hereinafter referred to as 'the Act') was filed on the basis of which, respondent No. 3-Upper Zila Sahkari Adhikari (Banking)/Mukhya Vikas Adhlkari, Lucknow was appointed as Arbitrator. An award was given in Arbitration case No. 146-E/1992 on 7.10.1993 maintaining that on account of the failure of the respondent No. 4 to pay the development charges, his lease has been rightly cancelled. The respondent No. 4 preferred an appeal before the respondent No. 2-Assistant Housing Commissioner/Assistant Registrar, U. P. Avas and Vikas Parishad, Lucknow. This appeal No. 200-E/1995 was dismissed on 28.7.1995. The respondent No. 4 filed a review petition under the provisions of Section 99 of the Act on 11.8.1995. The review application has been allowed by respondent No. 2 by his order dated 11.10.1995, a copy of which is Annexure 8 to the writ petition whereby the order dated 28.7.1995 passed in Appeal No. 200-E/1995 was set aside and the respondent No. 4 was declared to be owner of the plot in question. The present writ petition under Article 226 of the Constitution of India has been filed with the prayer that the aforesaid order passed in the review petition be quashed.
(2.) A caveat was filed by Sri M. C. Chaturvedi, Advocate, on behalf of respondent No. 4, who also accepted the notice of this petition. He was granted three weeks time to file counter affidavit on 30.1.1996. The case is being listed right from the year, 1996 on various dates but no counter affidavit has been filed.
(3.) Heard Sri. S. K. Singh, learned counsel for the petitioner as well as learned Standing Counsel on behalf of the respondent Nos. 1 to 3.;