Biri vs District Magistrate,Muzaffarnagar and Others

Sri Sanjay Misra appears for the petitioner and learned Standing Counsel in person by the consent of both the parties this Writ Petition is finally disposed of today itself.

The short facts in this petition are that the petitioner was granted Patta, which are Annexures 4 and 5 on her representation that she was a landless person of backward class. These pattas are dated 471995 Annexure 4 and dated 4121996, Annexure 5 in respect of agricultural land. The said pattas have now been cancelled by the impugned order dated 1381998 passed by the Executive Engineer, Lower Division, East Yamuna Canal, Muzaffarnagar on the basis of the letter, dated 2961998 from the Zila Adhikari. The said letter is annexed as Annexure No. 15 to the writ petition. In this letter the Zila Adhikari, Muzaffarnagar has directed the Executive Engineer aforesaid, to cancel the patta on the ground that it has been made treating her to be a widow whereas she had remarried. The main ground on which the aforesaid orders passed by the Executive Engineer and the District Magistrate have been challenged is that no opportunity of hearing has been granted to the petitioner before passing the impugned order by the Zila Adhikari.

The learned standing counsel has not been able to show how these orders were passed without giving any opportunity of hearing to the petitioner in respect of the complaint on which the Zila Adhikari has passed the aforesaid order.

Consequently, the writ petition is allowed and the impugned order dated 1381998 passed by the Zila Adhikari, Muzaffarnagar directing the Executive Engineer concerned to cancel the leases in favour of the petitioner is quashed and consequently the order dated 13th August, 1998 passed by the Executive Engineer also is quashed. The Zila Adhikari is directed to dispose of the complaint in respect of the petitioner by a speaking order after giving her due opportunity of hearing.

Let a copy of this order be issued to the petitioner within three days from today on payment of usual copying charges. There shall be no orders as to costs.