Allahabad High Court
Mahadei vs State Of U.P. And 2 Others on 2 August, 2022
Author: Dinesh Pathak
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- WRIT - B No. - 164 of 2022 Petitioner :- Mahadei Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kailash Nath Singh Counsel for Respondent :- C.S.C. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner and learned Standing Counsel representing respondent nos. 1, 2 and 3.
Grievance of the petitioner is that the Consolidation Officer, by ex parte impugned order dated 12.01.2021, has expunged the name of the petitioner (recorded tenure holder) without issuing any notice and without affording her any opportunity of hearing.
It is submitted that land in dispute i.e. Khata No. 292, Plot No. 135 area 0.121 hectare basically belonged to Laldei w/o Ramdas, who had executed a registered sale deed dated 15.09.2003 in favour of Neeraj Kumar s/o Dayaram. Subsequently, Neeraj Kumar has executed a registered sale deed dated 23.11.2010 in favour of the present petitioner, namely, Mahadei w/o Amrit Lal. In C.H. Form-23 endorsement with respect to sale deed dated 15.09.2003 and 23.11.2010 was made, which is evident from C.H. Form-23 (Annexure No. 2 to the writ petition). It is submitted that on the basis of the report dated 12.01.2021 submitted by the Assistant Consolidation Officer, a case has been registered, being Case No. 705 of 2020-21, for expunging the name of recorded tenure holder from Plot No. 135. On the basis of the aforesaid report dated 12.01.2021, Consolidation Officer has passed the impugned order on the same day i.e. 21.01.2021 to expunge the name of recorded tenure holder from the revenue record, without issuing any notice and without affording her any opportunity of hearing. It is further submitted that the order passed by the Consolidation Officer is blatant violation of nature justice and fair play. The petitioner, who is recorded tenure holder over the land in question, has illegally been deprived of her valuable right from the land without any opportunity of hearing.
It is also submitted that identical controversy came up for consideration before this Court in Writ-B No. 561 of 2021 (Makhanchu vs. State of U.P. and 3 others), Writ-B No. 575 of 2021 (Lautu Ram and another vs. State of U.P. and 3 others) and Writ-B No. 578 of 2021 (Arjun vs. State of U.P. and 3 others) etc. Aforesaid writ petitions were allowed on the first date itself. Copy of the orders passed in the aforesaid writ petition are filed in the instant petition.
On confronting with the learned Standing Counsel for opportunity of hearing before passing the impugned order dated 12.01.2021, he could not over come from the said query. He has not disputed that order dated 12.01.2021 is an ex parte order, that too, passed on the first date in the proceeding, which is evident from Annexure Nos. 1 and 3 of the writ petition.
Perusal of notice dated 12.01.2021 and the impugned order dated 12.01.2021 reveals that it was passed behind the back of the petitioner without any notice and without affording her any opportunity of hearing. Long standing entry in the name of recorded tenure holder has illegally been expunged without following the provisions of law, which is prima facie unsustainable in the eyes of law. As such impugned order dated 12.01.2021 caused serious civil consequence and also prejudiced the interest of the petitioner. Consequently, order under challenge is not sustainable in the eye of law and is liable to be quashed.
In this conspectus, as above, instant writ petition succeeds and is allowed. The order dated 21.01.2021 passed by the Consolidation Officer (Annexure No. 1) is hereby quashed and the proceeding before the Consolidation Officer, which was initiated on the basis of the report dated 12.01.2021, is hereby restored and parties are relegated before the Consolidation Officer to get the matter decided de novo. The Consolidation Officer shall decide the matter, after giving proper and effective opportunity of hearing to the parties concerned, in accordance with law.
Order Date :- 2.8.2022 Pkb/