Back
ALLAHABAD HIGH COURT
Shishir Kumar, J.
Tauqir Alam -Appellant
Versus
State of U.P.and Others -Respondent
Civil Misc. Writ Petition No.52002 of 2000
Decided On : 11-07-2011
Natural Justice - Land Allotment Dispute - The court quashed the orders dated 29.08.2000 and 09.09.1997, and remanded the matter back to the respondent no. 4 to pass appropriate orders after giving full opportunity to the petitioner and considering all relevant records.
Fact of the Case:
The petitioner, a Bhumidhar, was in possession of a disputed land allotted to him by the Land Management Committee. The Gaon Pradhan filed an application for correction of the revenue record, resulting in the petitioner's name being deleted without notice or opportunity.
Finding of the Court:
The court found that the orders passed by the respondents were not sustainable in law as the petitioner was not given an opportunity before his name was deleted from the revenue record.
Issues: The issues revolved around the lack of notice or opportunity given to the petitioner before his name was deleted from the revenue record, and the failure of the revisional court to consider the relevant records and the issue of natural justice.
Ratio Decidendi: The court held that the principles of natural justice required an opportunity to be given to the petitioner before passing the impugned order, and the revisional court failed to consider the relevant records and the issue of natural justice.
Final Decision: The court quashed the orders and remanded the matter back to the respondent no. 4 to pass appropriate orders after giving full opportunity to the petitioner and considering all relevant records.
2. This writ petition has been filed for quashing the orders dated 29.08.2000 and 09.09.1997 (Annexure 1 and Annexure 8 to the writ petition). Further a writ in the nature of mandamus commanding the respondents not to interfere in the peaceful possession of the petitioner.
3. It appears that the petitioner is a Bhumidhar of Khata No. 1306, Khasra No. 1815 having an area of 0.506 hectares situated at village Dhaulana, Pargana Dasna, Teshil-Hapur, District-Ghaziabad. The land in question was allotted by Land Management Committee vide its resolution dated 25.07.1988 for allotment of Usar land in favour of 52 persons including the petitioner. Proceeding for allotment of patta was approved by respondent no. 4 vide its order dated 24.08.1988. In pursuance of the said allotment, the possession of the property was given to the petitioner. It appears that the Gaon Pradhan of the village made an application on 01.09.1997 under Section 33/39 of the Land Revenue Act for correction of the revenue record as it is a Gaon Sabha land. On this application, on the basis of reports submitted by the Tehsildar concerned, the S.D.M. concerned has passed an order on 09.09.1997 directing that the name of the petitioner be deleted from the revenue record and the name of Gaon Sabha be recorded. Petitioner submits that before passing the said order no notice or opportunity was ever given to him. Petitioner, aggrieved by the aforesaid order, filed a revision, but the revision too have been dismissed without considering the relevant record to the effect regarding valid resolution approved by the S.D.M. concerned regarding grant of patta in favour of the petitioner. The revisional court clubbed various revisions filed by various persons and vide its order dated 29.08.2000 dismissed the revision including the revision filed by petitioner. Hence, the present writ petition.
4. Learned counsel for the petitioner submits that admittedly on the basis of resolution of the Land Management Committee after obtaining the report the patta was granted in favour of the petitioner and it was approved by the S.D.M. concerned and in pursuance of the grant of patta in favour of the petitioner the possession was handed over. Uptil 1997 petitioner was in peaceful possession of the property in question and nobody has interrupted in the possession of the petitioner. Further submission has been made that in case, there was some discrepancy or according to the respondents, if proper procedure was not followed in spite of the aforesaid fact a notice or opportunity should have been given before passing the order on an application made by the Pradhan concerned under Sections 33 and 39 of the Land Revenue Act before deleting the name of the petitioner from the revenue record. Further submission has been made that application itself was not maintainable, it should have been filed under Section 198 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act for cancellation of patta. The revisional court has also committed an error and has not considered the issue which was submitted before the revisional court.
5. In the counter affidavit filed on behalf of the respondent-State, the respondents have not denied the fact that any opportunity was ever given to the petitioner. The respondents have come with a case that as there was a wrong entry in favour of the petitioner and property belongs to Gaon Sabha, therefore, the application under Sections 33 and 39 of the Land Revenue Act was maintainable.
6. I have considered the submissions of the parties and perused the record.
7. On a perusal of the document, it appears that on 18.08.1988 some proceedings were initiated and subsequently, an approval was granted by the S.D.M. concerned to the resolution dated 25.07.1988 regarding allotment of patta in favour of about 52 persons. If the Pradhan of the village was of the
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
