Revenue authorities cannot summarily expunge long-standing land entries without following established statutory procedures and providing a mandatory hearing. Allegations of fraud regarding such entries require formal adjudication rather than ex-parte administrative action during pending litigation, as a failure to do so violates the principle of natural justice.

JUDGMENT :

IRSHAD ALI, J.

1. Heard Sri Mohd. Arif Khan, learned Senior Counsel assisted by Sri Mohd. Aslam Khan, learned counsel for the petitioner and Sri Shatrughan Chaudhary, learned Additional CSC for the respondent - State.

2. The present writ petition has been filed challenging the order dated 24.05.1997 passed by respondent No.1 - Sub Divisional Officer contained as Annexure-5 to the writ petition.

3. Factual matrix of the case is that the present writ petition arises out of the order dated 24.05.1997 passed by the Sub-Divisional Officer, Colonelganj, District Gonda, whereby without issuing any notice to the petitioner, without affording any opportunity of hearing and without registering any case for correction of revenue records or directing the parties to seek remedy before the competent court, the name of the petitioner was illegally expunged from the revenue records and the land in dispute was ordered to be recorded in the name of the Gaon Sabha.

4. The petitioner’s father Yadunath was recorded as bhumidhar over plot Nos. 1092, 1249, 1254, 1250, 1251 and 1258 (hereinafter referred to as the land in dispute) and he remained in continuous possession over the said plots during his lifetime.

5. After the death of the petitioner’s father Yadunath, mutation was effected in favour of the petitioner being his daughter and the sole legal heir and accordingly the petitioner’s name came to be recorded in the revenue records. Name of the petitioner is recorded as bhumidhar in the Khatauni of Fasli years 1402 to 1407, a photocopy whereof is annexed as Annexure No.2 to this writ petition.

6. During the lifetime of the petitioner’s father he remained in possession over the land in dispute and after his death the petitioner continued in possession over the said land. The Gram Panchayat / Gaon Sabha, arrayed as opposite party No.3, has neither any title nor possession over the land in dispute.

7. During consolidation operations in village Ramapur, where the land in dispute is situated, the Consolidation Officer, Gonda vide order dated 28.03.1967 directed that the name of the petitioner’s father be recorded over the land in dispute. A photocopy of the Amaldaramad order recording the name of the petitioner’s father is annexed as Annexure No.3 to this writ petition.

8. The Gaon Sabha along with the State of U.P. instituted Regular Suit No.421 of 1997 before the Court of Civil Judge (Junior Division), Gonda and also moved an application for temporary injunction. The said application for injunction as well as the maintainability of the suit was opposed by the petitioner, who was arrayed as a defendant in the suit, and the learned trial court, after considering the matter, found that the suit before the civil court was not cognizable and therefore the application for injunction was rejected vide order dated 13.05.1997.

9. When the Gram Panchayat failed to get the petitioner’s name deleted through lawful proceedings, it adopted an indirect method and obtained a report from the Tehsildar, Gonda dated 24.05.1997 and on the basis of the said report the Sub-Divisional Officer, Colonelganj passed the impugned order dated 24.05.1997 directing that the name of the petiti