Court No. - 3 Case :- MISC. SINGLE No. - 460 of 2010 Petitioner :- Rajesh Singh And Another Respondent :- Collector Gonda And Ors. Petitioner Counsel :- Karunakar Srivastava Respondent Counsel :- C.S.C.,R.N.Gupta Hon'ble Shri Narayan Shukla,J.
Heard Mr. Karunakar Srivastava, learned counsel for the petitioners
and the learned Standing counsel.
Th petitioners are aggrieved with order dated 18.9.1996 passed by
the Tehisildar Tarbaganjh, Gonda as well as the order dated
7.12.2009 passed by the Collector, Gonda in Revision no. 04,
whereby the petitioners have been evicted from the land in dispute.
Learned counsel for the petitioners submits that the order impugned
is in violation of principles of natural justice as the petitioners were
not given show cause notice before passing the order of eviction.
Upon perusal of the order passed by the Collector, Gonda, I find
that against the eviction notice dated 18.9.1969 the petitioners
preferred a revision after 40 years on 22.8.2009 which is highly
barred by time and accordingly, the Collector has rejected the
revision as not maintainable, in which I do not find error. Therefore,
the writ petition is dismissed. However, the petitioners are at liberty
to seek remedy elsewhere as is available to them for declaration of
right over the land in dispute
Order Date :- 2.2.2010
GSY