Court No. - 25
Case :- WRIT - C No. - 20334 of 2018 Petitioner :- Darshu@Ram Daras Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Kumar Rai Counsel for Respondent :- C.S.C.,R.D. Yadav
Hon'ble Siddhartha Varma,J.
Aggrieved by the entry of the name of the petitioner after removal of the name of his father, Tunnu, the respondent no.4, Om Prakash filed an application / appeal under Section 6(A) of the U.P. Panchayat Raj (Maintenance of Family Registers) Rules, 1970. This appeal came to be allowed on 28.3.2012. Upon coming to know of the order dated 28.3.2012, the petitioner filed a recall application which was again rejected on 2.4.2018 saying that the recall application was barred by limitation.
The contention of the learned counsel for the petitioner is that when the order dated 28.3.2012 was passed he was not made a party to the litigation and therefore the order cannot be sustained in the eyes of law.
Learned counsel for the respondent no.4, however, stated that it was only an administrative order and the petitioner if so desired could get the error rectified by filing a civil suit.
Having heard the learned counsel for the parties I am of the view that whenever the principles of natural jutice are violated and an order is passed the order becomes null and void. The order by which the name of the petitioner's father was deleted was set aside without hearing the petitioner. This affected a valuable civil right of the petitioner. Thus I am of the definite view that the petitioner ought to have been heard.
The order dated 28.3.2012 and the order dated 2.4.2018 are thus set aside.The writ petition is allowed.
The matter is remanded back to the Sub- divisional Officer, Tehsil Sagari, District Azamgarh who after hearing both the parties shall adjudicate upon the application filed by the respondent no.4 within a period of one month from the date of presentation of a certified copy of this order.
Till the application/Appeal is decided no party shall take any advantage of the entries made in the family register.
The writ petition is disposed of.
Order Date :- 30.5.2018/Ashish Pd.