Allahabad High Court
Akansha Sahkari Grah Nirman Samiti ... vs State Of U.P. Thru Secretary Revenue, ... on 15 July, 2010
Court No. - 19 Case :- MISC. SINGLE No. - 3937 of 2010 Petitioner :- Akansha Sahkari Grah Nirman Samiti Limited Lucknow Respondent :- State Of U.P. Thru Secretary Revenue, Lucknow & Ors. Petitioner Counsel :- Yogesh Kesarwani Respondent Counsel :- C.S.C. Hon'ble S.C. Chaurasia,J.
Heard Sri Yogesh Kesarwani, learned counsel for petitioner, Sri G. S. Mishra, learned Standing Counsel and perused the record.
This writ petition under Article 226 of the Constitution of India has been filed with the prayer that a writ, order of direction in the nature of Certiorari may be issued quashing the order dated 15.06.2010 passed by the opposite party no.3 in revision no. 463/2009-2010 and the order dated 03.05.2010 passed by the opposite party no.2 on the application dated 22.04.2010, contained as Annexure Nos. 1 & 3 to the writ petition.
This writ petition is being disposed of at the admission stage with the consent of both the parties.
Learned counsel for petitioner has submitted that Tehsildar, Sadar Tehsil, Lucknow has set aside the order dated 04.03.2010 without providing any opportunity of hearing to the petitioner, violating the principles of natural justice and the revision preferred against the order dated 03.05.2010 has also been dismissed illegally, without considering the merits of the case and hence, both the impugned orders deserve to be quashed.
From the perusal of record, it transpires that the order dated 04.03.2010 has been set aside on the application of Panel Lawyer (Revenue) without providing any opportunity of hearing to the petitioner, although the said order could not be set aside without providing opportunity of hearing to the petitioner as is clear from Section 201 of U.P. Land Revenue Act itself. Thus, Tehsildar Sadar, has committed illegality in setting aside the order dated 04.03.2010. It appears that the revisional Court has not considered this aspect of the matter and has dismissed the revision illegally. Under these circumstances, the impugned orders cannot be sustained. The application dated 22.04.2010 moved by Panel Lawyer (Revenue) requires disposal afresh.
The impunged orders dated 15.06.2010 and 03.05.2010 passed by opposite parties nos.3 & 2, contained as Annexures Nos. 1 & 3 are quashed and the matter is remanded to the Tehsildar Sadar, Lucknow, for disposal afresh. The Tehsildar, Sadar Tehsil, Lucknow is directed to dispose of the application dated 22.04.2010, for recalling the order dated 04.03.2010, afresh in accordance with law expeditiously, after providing reasonable opportunityh of hearing to both the parties.The petitioner shall not transfer the property in dispute in any manner to any third party till the disposal of the said application.
With these observations/directions, the writ petition stands disposed of finally.
Order Date :- 15.7.2010 psd