Compliance with the rules of natural justice and prescribed legal procedures is essential in adjudicatory matters, and there is a distinction between void and voidable decisions.

1. Heard learned counsel for the petitioner and the learned Standing Counsel.

2. This writ petition was entertained on 11. 12. 2006 and the following interim order was passed:

"Connect with writ petition no. 52795 of 2006.

Heard learned counsel for the petitioner and the learned Standing Counsel for the respondents no. 1 to 3, who prays for and is allowed four weeks' time to file counter affidavit.

Petitioner will have three weeks' thereafter for filing rejoinder affidavit.

List for admission after expiry of the aforesaid period.

Contention advanced on behalf of the petitioner is that entire proceedings are being taken up ex-parte by the authorities without permitting him to participate in the same though his name was recorded over the land in dispute on the basis of patta vide order dated 22. 12. 1984 passed by the Sub Divisional Officer, Shahganj, district Jaunpur in case no. 130. Subsequently, an application to recall the same filed by the Gaon Sabha was dismissed on 9. 1. 1987 and the same has become final. It has further been contended by learned counsel for the petitioner that in spite of aforesaid facts, without permitting the petitioner to participate in the proceedings, the authorities are misinterpreting the judgment of the Hon'ble Supreme Court in the case of Hinch Lal Tewari Vs. Kamla Devi and others, All. C. J. 2001-1604 = 2001 RD-689 as well as the judgment of this Court in the case of Iqbal Ahmad and others Vs. Deputy Director of Consolidation, Deoria and others, 2005 (98) RD-580.

In view of the aforesaid facts and circumstances, the petitioner is entitled to interim order.

Until further orders of this Court, the parties to the writ petition are directed to maintain status quo with regard to nature, possession and entries in the revenue record pertaining to the land in dispute.

The respondents are further restrained from interfering in the peaceful possession of the petitioner over the land in dispute. "

This writ petition having been filed in the year 2006 contains the following two prayers.

"I. Issue a writ of mandamus order on direction in the nature of mandamus commanding the respondents not to disturb the right, title and possession of the petitioner over the land in dispute well described in the writ petition, except following the dues required procedure in accordance with law.

II. Issue a writ of mandamus order or direction in the nature of mandamus be issued to the respondent authorities commanding them to keep intact the entries in the relevant statutory records as it is today up to the time until and unless the same are ordered to be modified, varied or expunged by any competent judicial forum. "

It was further prayed that the Executive Authorities may not dispossess the petitioner by any administrative fiat except otherwise than in accordance with law.

3. Having heard learned counsel for the parties and having considered the submissions, Sri H. N. Singh, learned counsel for the proposed respondents submits that the writ petition be disposed of finally enabling the authority to take recourse to law.

4. In view of the aforesaid submission, it is evident that the authorities were proceeding to expunge the entries without having taken notice of and putting the petitioner to notice in relation to the orders which are being relied upon.

5. Suffice it to say, if the orders have been passed by the Authorities conferring a lease on the petitioner then the respondent administration has to move an application for recall or for setting aside such orders. In the instant case, the petitioner relies on a lease conferred by the competent authority. The procedure for cancellation of a lease which can be said to be invalid is provided for under sub-section (4) of Section 198 of the U. P. Z. A. & L. R. Act, 1951. This provision can be availed of in the event the lease is invalid. It cannot be cancelled through an administrative order. The rules of natural justice have to be complied with and the procedure prescribed by