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High Courts(2008) 09 AHC CK 0117

Mohd.Zaheer khan vs D.D.C.and others

Allahabad High Court · Decided on 8 September 2008

HON’BLE JUDGES
Rajes Kumar, J
CASE NUMBER
Civil Miscellaneous Writ Petition No. 46663 of 2008

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Judgment

5 paragraphs · 333 words

Rajes Kumar, J.—By means of the present writ petition, the petitioner is challenging the order dated 19.5.2008 passed by the Deputy Director of Consolidation, Jaunpur in revision No. 74 under section 48 (3) of the U.P. Consolidation of Holdings Act, State v. Zaheer. It appears that in pursuance of the complaint made by Mohd. Tariq and Mohd. Sabir sons of Abdul Wali proceeding has been initiated. The allegation is that the entry in the revenue record has been manipulated by the petitioner.

2.

Heard learned Counsel for the petitioner, learned Standing Counsel appears on behalf of respondent No. 1 and Sri Anuj Kumar appears on behalf of respondent No. 2.

3.

Learned Counsel for the petitioner submitted that the impugned order has been passed without giving opportunity of hearing to the petitioner. If the Court below proposed to pass the order against the petitioner, it was incumbent upon the Court to provide opportunity of hearing, but no opportunity has been provided before passing the order. In paragraph 17, the petitioner has categorically slated that the impugned order has been passed without issuing notice and providing any opportunity of hearing to the petitioner.

4.

Learned Standing Counsel states that the impugned order reveals that no opportunity of hearing was provided to the petitioner. He submitted that the matter may be remitted back to the Deputy Director of Consolidation, Jaunpur for passing fresh order after giving opportunity of hearing to the petitioner and all concerned parties.

5.

In view of the above, writ petition is allowed. The order dated 19.5.2008 passed by the Deputy Director of Consolidation, Jaunpur is set aside and the matter is remanded back to him to pass fresh orders after giving opportunity of hearing to the petitioner and all concerned parties in accordance to law. Petitioner is directed to file certified copy of the order within a period of two weeks and the Deputy Director of Consolidation, Jaunpur is directed to decide the matter afresh within another period of six weeks.