Natural justice mandates that parties must be afforded a hearing before their entries are expunged from revenue records, regardless of allegations of fraud.

JUDGMENT :

Chandra Kumar Rai,J.

1. Heard Sri Sanjeev Singh, learned counsel for the petitioner, Sri M.N. Mishra, learned Additional Chief Standing Counsel for the State and Sri Pradeep Singh, learned counsel for the respondent no. 4-Gaon Sabha.

2. Respondent no. 5 is vendor of the petitioner, who is not represented by Counsel. The instant writ petition arises out of proceeding under Section 31 /32 of U.P. Revenue Code, 2006, as such State and Gaon Sabha are necessary parties, who are represented by learned counsel. One of the issue raised in the matter is violation of principle of natural justice, as such the matter should be disposed of finally without inviting counter affidavit.

3. Brief facts of the case are that Arazi No. 1800 Cha minjumla (old no. 1548 minjumla) area 0.7590 hectare situated at Village-Barkachha Kalan, Tappa-84, Pergana-Kantit, Tehasil-Sadar, District-Mirzapur was leased out to one Indrajeet son of Kalau and Indrajeet was accordingly recorded in the revenue record initially as bhumidar with non-transferable rights and later on as bhumidhar with transferable rights. Petitioner (an educational institution) had purchased Arazi No. 1800 Cha (old no. 1548 minjumla) area 0.253 hectare out of 0.7590 hectare from Indrajeet, who was recorded as Bhumidhar with transferable rights over the plot in question and the name of the petitioner was ordered to be recorded in the proceeding under Section 34 /35 of the U.P. Revenue Code, 2006 vide order dated 28.04.2023, as mentioned in the Khatauni of 1428-1433 Fasli annexed as Annexure No. 6 to the instant petition. In the proceeding under Section 31 /32 of the U.P. Revenue Code, 2006, the entry of the plot in question has been expunged without affording any opportunity of hearing to petitioner vide order dated 15.10.2024. Against the order passed by Sub-Divisional Officer dated 15.10.2024, appeal filed by the petitioner under Section 38 (4) of the U.P. Revenue Code, 2006 has been dismissed under the impugned order dated 23.12.2024. Hence this writ petition for following reliefs:-

"(a) Issue a writ, order or direction in the nature certiorari calling for the records and quashing the impugned order dated 15.10.2024 passed by the Sub-Divisional Officer, Tehsil-Sadar, District-Mirzapur/respondent no. 3 in case no. 10594 of 2024 (Computer Case No. T202416530110594) filed under Section 31 /32 of the U.P. Revenue Code, 2006 and the order dated 23.12.2024 passed by the Commissioner, Vindhyachal Mandal, Mirzapur/respondent no. 2 in case no. 1014 of 2024 Computer Case No. (C202416000001014) filed under Section 38 (4) (Annexure Nos. 5 and 9 at Page Nos. 39 and 59 to the writ petition);

(b) Issue a writ, order or direction in the nature of mandamus directing the statutory respondents to record the name of the petitioner in the revenue record of the Arazi No. 1800-Chha (old no. 1584 minjumla) admuasuing area 3 Bihga situated at Village Barkachha Kalan, Tappa-84, Pargana-Kantit, Tehsil-Sadar, District-Mirzapur."

4. Learned counsel for the petitioner submitted that plot in question was initially allotted to one Indrajeet on 15.05.1988. He further submitted that on the basis of lease executed in favour Indrajeet, he was accordingly recorded in the revenue record. He further submitted that petitioner who is an educational institution, purchased the plot in question from recorded tenure holder by way of registered sale deed accordingly petitioner came in possession over the same. He further submit