LAXMAN Vs. GHANSHYAM

JUDGEMENT

(1.) THIS is a Letters Patent Appeal under Clause 10 of the Letters Patent against the order dated 1.7.1997 passed by the learned Single Judge in Writ Petition No. 1363/96, whereby the learned Single Judge quashed the Annexures P-1 and P-3.

(2.) THE submission of the learned counsel for the appellant is that the revision petition was maintainable before the State Government against the order of Additional Commissioner under the Revenue Book Circular applicable at the relevant time and further submitted that the order, Annexure D-8 passed on 16.4.1991 by the State Government, should not have been reviewed by the State Government. He further argued that the order, Annexure P-4, passed as a review order is an ex parte order in which he was not granted any opportunity of hearing. He further argued that no review was permissible against the order dismissing the review application. Therefore, the sole submission of the learned counsel for the appellant is that the order passed by the State Government on 20.6.1986, Annexure P-3 and the order passed by the State Government on 29.3.1996, Annexure P-1, are valid orders and the learned Single Judge has committed an illegality in setting aside those orders.

(3.) DURING the course of the arguments, a point arose before this Bench that this is a case of settlement of land, which took place in the year of 1979 and what were the rules prevailing in the year 1979 and whether under those rules any revision was maintainable before the State Government or not. Learned counsel for the parties made rival submissions on that point.