Allahabad High Court
Sant Ram Singh vs Additional Commissioner ... on 6 July, 2020
Author: Salil Kumar Rai
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- WRIT - C No. - 9751 of 2020 Petitioner :- Sant Ram Singh Respondent :- Additional Commissioner (Administration),Bareilly Division And 5 Others Counsel for Petitioner :- Himanshu Raghav Pandey,Ram Kishore Pandey Counsel for Respondent :- C.S.C.,Dhananjay Singh Yadav Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed against the order dated 9.3.2015 passed by the Deputy District Magistrate, Jalalabad, Shahjahanpur in proceedings registered under Section 28 of the U.P. Land Revenue Act, 1901 for correction of revenue map as well as against the order dated 15.2.2020 dismissing the revision filed by the petitioner.
The contention of the petitioner is that the order dated 9.3.2015 has been passed mechanically relying on the report of the Lekhpal.
It has been submitted that the disputed plot was allegedly inspected and measured by the Lekhpal without giving any notice to the petitioner and without the petitioner being present. It has been stated that the order dated 9.3.2015 has been passed relying on the report of the Lekhpal submitted as a result of the aforesaid measurements and thus the order dated 9.3.2015 is contrary to law and is liable to the set aside.
A perusal of the records annexed with the writ petition especially the documents annexed as Annexure Nos.'6' and '7' to the writ petition as well as the deposition of the Lekhpal show that no notices were issued to the petitioner and the petitioner was not present during the measurement of the plots.
Shri Dhananjay Singh Yadav, representing the respondents fairly concedes that the record do not reflect that the measurement of the plots were done by the Lekhpal after issuing any notice to the petitioner and in presence of the petitioner. The petitioner was an interested party in the case and, therefore, entitled to have notice of the date when the Lekhpal had gone to inspect and measure the disputed plots.
Counsel for the respondents admits that the matter be remanded back to the Deputy District Magistrate to pass fresh orders in accordance with law after seeking a fresh report from the Lekhpal prepared in the presence of the petitioner.
In view of the aforesaid facts and the admission of the counsel for the respondents, the orders dated 9.3.2015 passed by the Deputy District Magistrate, Jalalabad, District Shanjahanpur as well as the order dated 15.2.2020 passed by the Additional Commissioner (Administration), Bareilly, Division-Bareilly are hereby quashed.
The matter is remanded back to the Deputy District Magistrate, Jalalabad, District Shahjahanpur to pass fresh orders in Case No.52/14 after seeking a fresh report from the Lekhpal and after ensuring that the petitioner and other affected parties have notice of the date when the Lekhpal shall inspect the plots for measurements.
The said order shall be passed by the Deputy District Magistrate within a period of two months from the date a copy of this order is produced before him.
The writ petition is allowed.
Order Date :- 6.7.2020 Jyotsana