- (1.) The petitioner is a registered housing society of which Ram Charan-Rspondent-No.4 is a member. By virtue of his membership, he was allotted land in plot No. 133, situated at Khyora Bangar in district Kanpur. A lease deed for a period of 99 years dated 25.4.1981 was registered on 7/07/1981. Under the terms of aforesaid lease, the respondent No. 4 was required to pay development charges and the lease rent etc. to the petitioner-Samithi. The case of the petitioner-Samithi is that inspite of the repeated letters and reminders the respondent No. 4, did not pay the development charges and consequently on 11-2-1990, the petitioner-Samithi adopted a resolution that if by 15/04/1990 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 wa cancelled. An application under section 70/71 of the U.P. Cooperative Societies Act, 1965, (hereinafter referred to as 'the act') was filed on the basis of which, respondent No.3-Upper Zilla Sahakari Adhikari(Banking)/Mukhya Vikas Adhikari, 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 developmental 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. Therespondent No.4 filed a review petition under the provision 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 the 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 , Advcate, 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 rates but no 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 Council on behalf of the respondent Nos. 1 to 3.;