Court No. - 19
Case :- WRIT - B No. - 1906 of 2019 Petitioner :- Smt. Geeta Devi And 6 Others Respondent :- Collector And 2 Others Counsel for Petitioner :- Sanjay Kumar Srivastava,Vinod Kumar Singh(Senior Adv.) Counsel for Respondent :- C.S.C.,A.P.Singh,Ramesh Chandra Upadhyay
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioners, Shri A.P.Singh counsel for the newly impleaded respondent no.4 and the Standing Counsel representing respondent nos. 1 & 3.
The petitioners were shown to be recorded as Bhumidars of certain plots in the different revenue records. It was stated by the Gaon Sabha that the petitioners had been fraudulently recorded as Bhumidar of the said plots and the plots vest in the Gaon Sabha and therefore, the records be corrected expunging the name of the petitioners from the records. The claim of Gaon Sabha was allowed by order dated 3.01.2018 passed by the Deputy Director of Consolidation (hereinafter referred to as D.D.C) holding that the petitioners had been fraudulently recorded as Bhumidar of Gaon Sabha land. However, the said order dated 3.1.2018 was set aside by this Court vide its order dated 6.3.2018 passed in Writ Petition No.2649 of 2018 on the ground that the order was passed without giving any opportunity of hearing to the petitioners and the matter was remanded back to the D.D.C to pass fresh orders after giving an opportunity of hearing to the petitioners.
Subsequently, the D.D.C vide his order dated 10.7.2019 has again decided against the petitioners after holding that their names have been illegally and fraudulently recorded in the consolidation and the revenue records as Bhumidars of the disputed plots even though the plots vest in the Gaon Sabha. A reading of the order dated 10.7.2019 shows that no evidence in support of the aforesaid findings have been referred by the D.D.C and no reasons have been given by the D.D.C for rejecting the claim of the petitioners and accepting the claim of the Gaon Sabha. The order does not show any assessment of evidence filed by either of the parties.
Apparently, the order dated 10.7.2019 passed by the D.D.D. is a non speaking order and also reflects a non-
application of mind by the D.D.C.
The counsel for the respondents agree that the matter may be remanded back to the D.D.C. to pass a reasoned order in the matter.
In view of the aforesaid, the order dated 10.7.2019 passed by the D.D.C in Case No.00629/2018 Computerized Case No.D201815060000629 is hereby quashed. The matter is remanded back to the D.D.C. Azamgarh to pass a fresh reasoned order after giving the parties an opportunity of hearing within a period of three months from the date a certified copy of this order is produced before him.
With the aforesaid directions, the writ petition is allowed.
Order Date :- 26.8.2019 IB
Court No. - 19
Case :- WRIT - B No. - 1906 of 2019 Petitioner :- Smt. Geeta Devi And 6 Others Respondent :- Collector And 2 Others Counsel for Petitioner :- Sanjay Kumar Srivastava,Vinod Kumar Singh(Senior Adv.) Counsel for Respondent :- C.S.C.,A.P.Singh,Ramesh Chandra Upadhyay
Hon'ble Salil Kumar Rai,J.
Orders on Civil Misc.Impleadment Application No.nil of 2019
The impleadment application filed by Shri A.P.Singh, counsel for the respondent no.4 is taken on record.
Office to grant regular number.
The impleadment application is allowed.
The counsel for the petitioner is permitted to implead the applicant as respondent no. 4 in the writ petition during the course of the day.
Order Date :- 26.8.2019 IB