Allahabad High Court
Ram Niwas Sharma & Others vs State Of U.P. & Others on 23 July, 2010
Author: Prakash Krishna
Bench: Prakash Krishna
Court No. - 6 Case :- WRIT - C No. - 42537 of 2010 Petitioner :- Ram Niwas Sharma & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Yatindra,Ashish Singh Respondent Counsel :- C.S.C.,Anuj Kumar Hon'ble Prakash Krishna,J.
By the impugned order, the pattas granted in favour of the petitioners have been cancelled on the finding that the approval order dated 21st August, 2004 is forged and fabricated document. The Additional Commissioner (Administration) has noticed the various aspect of the case, it has been found that forged and fabricated document was got prepared to show that the pattas may be granted to the petitioners and that against the erring Officers and other persons, a first information report has also been lodged on these facts. The Court is not inclined to interfere in the present writ petition. Learned counsel for the petitioners submits that no opportunity to cross-examine Sri. Praversheel Sharma, the then Tehsildar was given nor his signature has been got verified by handwriting expert and therefore, it is a case of denial of opportunity of hearing. The Court is not impressed with these submissions. The fact remains that Sri. Praversheel Sharma has denied his signature on the alleged approval. Besides the denial of Sri. Praversheel Sharma, the authorities below have taken into consideration the attending facts and circumstances of the case to come to the conclusion that the petitioners obtained the leases by playing fraud.
In this view of the matter, the writ petition lacks merit and is dismissed.
(Prakash Krishna, J) Order Date :- 23.7.2010 MK/