Nawab Ali and another vs Deputy Director of Consolidation, Fatehpur and others

Krishna Murari, J.—Heard learned Counsel for the petitioners and learned Standing Counsel for the respondents No. 1, 2 and 3.

The grievances of the petitioners is that by means of the exparte order dated 9.6.2008 passed by Deputy Director of Consolidation, Fatehpur not only their names have been directed to be expunged but registration of the First Information Report has also been directed.

It is submitted that petitioners never initiated any proceedings before the Consolidation Officer for mutation of their name nor the alleged Case No. 440 in which the order dated 24.4.2000 is said to have been passed by Consolidation Officer was filed by them. It is also been categorically stated that the petitioners are not even in possession over the said land.

From the perusal of the impugned order, it is clear that the order passed by Deputy Director of Consolidation, Fatehpur, is exparte as no notice or opportunity of hearing was even given to the petitioners.

In view of the aforesaid, the same is not liable to be sustained and is hereby quashed. The writ petition stands allowed. The matter is remanded back to the Deputy Director of Consolidation, Fatehpur to be decided a fresh after giving notice and opportunity of hearing to the petitioners within a period of three months from the date of production of a certified copy of this order before him. The petitioners shall file a certified copy of order before the Deputy Director of Consolidation, Fatehpur within a period of two weeks from today, failing which this order shall stands vacated and writ petition shall be deemed to have been dismissed.

Certified copy of this order be supplied to learned Counsel for the petitioner within 48 hours on payment of usual charges.