Court No. - 19 Case :- MISC. SINGLE No. - 3586 of 2010 Petitioner :- Abid Hussain S/O Late Mohammad Ali Respondent :- Additional Commissioner Judicial, Lucknow Div. & Ors. Petitioner Counsel :- Rajesh Kumar Sharma Respondent Counsel :- C.S.C.,R.N. Gupta Hon'ble S.C. Chaurasia,J.
Supplementary Affidavit filed on behalf of the petitioner is taken on record.
Heard the learned counsel for the petitioner, 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 or direction in the nature of certiorari may be
issued quashing the impugned order dated 31-03-2009 passed by the
Additional Commissioner(Judicial), Lucknow Division, Lucknow in revision
no. 1970/05-06 under section 219 of the Land Revenue Act and the order
dated 10-11-2005 passed by the opposite party no. 2 as contained in Annexure
Nos. 1 & 2 to the writ petition, and the opposite parties may be commanded
not to dispossess the petitioner from the land in question on the basis of the
impugned orders.
Learned counsel for the petitioner has submitted that the revision has been
disposed of without providing reasonable opportunity of hearing to the
petitioner. He has further submitted that the revisionist was declared
Bhoomidhar of the land in question in proceeding under section 229-B of the
U.P. Z.A. & L.R. Act and the said point was not considered by the revisional
court as well as trial court and it has caused great injustice to the petitioner.
From perusal of the impugned order, it transpires that the revisionist/petitioner
did not appear in the revisional court on the date of hearing and the revision
was disposed of on merits without hearing his arguments. The petitioner has
filed the copy of the Khatauni relating to the years 1399 to 1404 Fasli, which
indicate that vide order dated 10th January,1993 passed in case no. 210/285
under section 229-B of the U.P.Z.A. & L.R. Act by the Sub Divisional
Officer, the disputed land was ordered to be recorded as transferable
Bhoomidhar in favour of the petitioner. It appears that the said document was
neither filed in the trial court nor in the revisional court. Under these
circumstances, it seems expedient in the interest of justice that the revision
may be disposed of on merits after providing reasonable opportunity of
hearing to both the parties.
The impugned order dated 31-03-2009 is set aside and the Revision No.
1970/05-2006 under section 219 of the Land Revenue Act,District-Kheri,
Abid Hussain Versus Assistant Collector, First and Others, is remanded to the
court of the Additional Commissioner(Judicial) Lucknow Division, Lucknow
for disposal afresh. The concerned court is directed to dispose of the said
revision afresh after providing reasonable opportunity of hearing to both the
parties, expeditiously, in accordance with law, preferably within a period of
four months from the date a certified copy of the order of this court is filed in
the said court.
With these observations/directions, the writ petition stands disposed of finally.
Order Date :- 5.7.2010
AKS