Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 4758 of 2001 (Old No.37645 of 1993) Karam Chand …….…….. Petitioner. Versus Additional District Magistrate/ Collector, Hardwar and others. ………. Respondents ………………….. Sri Sharad Sharma, learned senior Counsel for the petitioner. Sri H.M.Raturi, learned Standing Counsel for the State. Date: July 31,2008. Hon’ble P.C. Verma,J. This petition has been filed by the petitioner seeking writ of certiorari quashing the impugned judgment and orders dated 26.08.1993 and 26.04.1993/20.11.1992 passed by respondent Nos.1 & 2 respectively. 2. Proceedings under Sec. 122-B of U.P. Zamindari Abolition and Land Reforms Act were initiated against the petitioner pursuant to a notice issued in 49- K. The petitioner claims his possession on the disputed land since before Zamindar Ablition. Learned State counsel states that the petitioner is in unauthorized possession of the land in dispute and he is liable to be evicted from the said land. It is alleged by the petitioner that the respondent No.2/ Assistant Collector 1st Class passed ex parte order against the petitioner on 20.11.1992. The respondent No.2 has also dismissed restoration application filed by the petitioner on 26.04.1993. Hence the petitioner has been deprived to contest the case on merit. The petitioner filed revision before the respondent No.3/Additional Collector, Hardwar which has also been dismissed on the ground that the revisionist (petitioner herein) did not appear to contest the case deliberately on several dates fixed in the case by the trial court. Feeling aggrieved the petitioner has filed this petition. 3. The learned counsel for the petitioner contended that he has not been given opportunity to contest the case on merit and proceeded ex part in the case. In my opinion, the parties should be allowed to contest the case on merit. Therefore, the impugned orders are quashed. 4. The writ petition is allowed. Impugned orders are set aside. The case is remanded back to the trial court to decide it on merit, after giving opportunity to the parties to contest the same, within a period of three months from the date of receipt of certified copy of this order. If the petitioner appears before the trial court within one month from today, the eviction shall be stayed for four months. (P.C. Verma,J.) P.singh