Ram Sewak v. State of U.P. Thru. Addl. Chief Secy. Revenue Deptt., Lko. and 2 Others

Court No. - 18 Case :- WRIT - C No. - 9160 of 2023 Petitioner :- Ram Sewak Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt., Lko. And 2 Others Counsel for Petitioner :- Manju Nagaur Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J.

¶1Heard Ms. Manju Nagaur, learned counsel for the petitioner, Shri Hemant Kumar Pandey, learned counsel for State-respondent nos. 1 & 2 and Shri Mohan Singh, learned counsel for respondent no. 3/Gaon Sabha.

¶2By means of this petition, the petitioner has assailed the impugned order dated 27.04.2022, Annexure No. 1 to the petition, passed by Nayab Tehsildar, Dariyaband, Tehsil - Ramsanehighat, District - Barabanki (respondent no. 2) in Case No. 00185 of 2020 (Computerzied Case No. T202004120200185, Ram Sewak Vs. Ram Lal).

¶3The respondent no. 2 has passed the impugned order dated

27.04.2022 on an application dated 27.04.2022, Annexure No. 2 to the petition, preferred by the respondent no. 3/Gaon Sabha, Aliyabad.

¶4Assailing the order dated 27.04.2022, learned counsel for the petitioner stated that an application was moved on 27.04.2022 for recalling of order dated 19.08.2021, Annexure No. 6 to the petition, passed in mutation case no. 00185 of 2020 (Computerized Case No. T202004120200185, Ram Sewak Vs. Ram Lal) under Section 34 of U.P. Revenue Code, 2006 and on the same date i.e. 27.04.2022, the impugned order recalling the order dated 19.08.2021 has been passed. Thus, the order has been passed by the Authority concerned without affording any opportunity to the petitioner, in whom favour the order dated 19.08.2021 was passed.

¶5The aforesaid is not in dispute.

¶6Considered the submissions advanced by learned counsels for the parties and perused the record.

¶7It is trite law that an order should be passed after affording proper opportunity of hearing. In the instant case, it is apparent that proper opportunity of hearing was not provided to the petitioner. Accordingly, this Court finds that indulgence in the present case is required.

¶8In view of above, the order dated 27.04.2022, Annexure No. 1 to the petition, is set aside. The matter is remanded back to Nayab Tehsildar, Dariyaband, Tehsil - Ramsanehighat, District - Barabanki (respondent no. 2) to pass afresh order on the application dated

27.04.2022 preferred by the respondent no. 3/Gaon Sabha, Aliyabad after affording proper opportunity of hearing to the parties concerned.

¶9The petitioner shall remain present on 31.10.2023 before the concerned Revenue Court, who shall decide the application, in issue expeditiously say within a period of three months.

¶10To conclude the proceedings, he shall not grant any adjournment to the parties.

¶11In case, the petitioner fails to appear before the Revenue Court, the benefit of this Order shall not be available to the petitioner.

¶12With the aforesaid, the petition is allowed. Order Date :- 18.10.2023 Mohit Singh/- High Court of Judicature at Allahabad, Lucknow Bench