Violation of statutory requirements and principles of natural justice led to the impugned order being considered non est.

JUDGMENT

S.K. Mishra, J. - Heard Mr. Siddhartha Singh, the learned counsel for the petitioners.

2. The writ petitioners in this petition assails the order passed by the Settlement Officer, Consolidation, Roorkee, District Haridwar in Appeal No. 105 of 2013-14 dated 07.10.2021 whereby the earlier order passed on merit on 27.08.2021 has been recalled and the appeal has been restored .

3. The order appears to be passed in exercise of powers under Order IX Rule 13 of the Code of Civil Procedure, though, not specifically mentioned therein. It is apparent from the records that the petitioners were the respondents in Appeal No. 105 of 2013-14 which was decided along with Appeal Nos. 77/76 of 2020-21 and all the appeals were dismissed as per the judgment dated 27.08.2021. Thereafter, respondent no. 2 to 10 filed an application for restoration of the original appeal by setting aside the final order passed on merit on the ground that they were not provided sufficient opportunity of hearing on the date of hearing of the appeals. However, it is also apparent from the record that though the order impugned was passed on 07.10.2021, notices were not issued to the other necessary parties, so there is a violation of statutory requirements and also principle of natural justice. Moreover, on that day i.e. 07.10.2021, the same Presiding Officer had adjourned two other cases, copies of which are annexed to the writ petition at page 30-31 wherein it is apparent that because of the resolution of the Bar all cases were adjourned. Therefore, it is very emphatically argued by the petitioners’ counsel because of some ulterior motive the Settlement Officer Consolidation, Roorkee, passed the order without hearing these petitioners and adjourned the other cases on that day.

4. Keeping in view the aforesaid, we dispose of the writ petition giving liberty to the petitioners to file an appropriate application within seven days before the Settlement Officer Consolidation, Roorkee, District Haridwar with a prayer to re-consider the restoration application filed by respondent nos. 2 to 10, and on such event the petitioner shall be allowed to file detailed counter affidavit to the application filed by respondent nos. 2 to 10 and the matter shall be considered without being influenced by any considerations or reasoning that may have might weighed while passing the order dated 07.10.2021. The impugned order passed in complete violation of statutory provisions of issuing notice as well as principles of natural justice is to be considered as non est.

5. It is needles to say that till that application is filed by the petitioner and disposed of on merit, the restored appeal shall not proceed any further.

6. Urgent certified copies of this order be provided during the course of the day, as per Rules.