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Judgment
Manoj Kumar Tiwari, J
Petitioners are challenging the order dated 16.09.2019 passed by Assistant Collector, Ist Class, Roorkee, Haridwar in Case No. 359 of 2016-17 and
also the order dated 08.12.2020 passed by Additional Commissioner, Garhwal Division, Pauri in Revision No. 21 of 2019-20.
By the order dated 16.09.2019, name of the petitioners were expunged from revenue records and name of Gaon Sabha was ordered to be entered
in their place.
It transpires that in the year 1980, a patta of land was allotted to the petitioners by the Gaon Sabha, for five years. According to the petitioners, they
are continuing in possession over the plot allotted to them, however, vide order dated 16.09.2019, Assistant Collector, Ist Class, Roorkee has expunged
their names from revenue records and has ordered for entering the name of Gaon Sabha.
Learned counsel for the petitioners submits that the said order was passed without any notice to the petitioners. He further submits that the
contention that no notice was served was raised by the petitioners before the revisional Court, however, revisional Court has completely overlooked
this aspect of the matter.
Although, in the order passed by Assistant Collector, Ist Class, Roorkee it is stated that notices were issued to petitioners, however, there is nothing
to indicate that notice, if issued, was actually served upon the petitioners. In para no. 10 of the writ petition, it is stated that no notice was served upon
them. Thus, the only logical inference would be that the Assistant Collector passed the order without service of notice upon petitioners.
Since the order passed by Assistant Collector, Ist Class, Roorkee was without service of notice upon the petitioners and the revisional Court has
also overlooked this aspect of the matter, although such contention was raised in the memo of revision, therefore, the impugned order dated
16.09.2019 passed by Assistant Collector, Ist Class, Roorkee, Haridwar and order dated 8.12.2020 passed by Additional Commissioner, Garhwal
Division, Pauri are set aside. The writ petition is allowed and the matter is remanded back to Assistant Collector, Ist Class, Roorkee to hear and
decide the matter afresh, after notice to interested parties, including the petitioners. It is hoped and expected that Assistant Collector shall conclude the
proceeding within 12 months from today.