Court No. - 9
Case :- WRIT - B No. - 575 of 2021 Petitioner :- Lautu Ram And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kailash Nath Singh Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioner, the Standing Counsel representing respondent Nos. 1 to 3 and Shri Bhupendra Kumar Tripathi, Advocate, representing respondent No. 4.
The present writ petition has been filed challenging the order dated 28.12.2020 passed by the Consolidation Officer, District-Jaunpur approving the report of the Assistant Consolidation Officer, Devkali, District-Jaunpur regarding correction of records.
It has been claimed in the writ petition that even though the order adversely affects the rights of the petitioner but the same was passed without giving any opportunity of hearing to the petitioner and is ex-parte against the petitioner. It has been stated by the counsel for the petitioner that similar orders were passed by the Consolidation Officer affecting the rights of other villagers, who filed writ petitions in this Court challenging the order dated 28.12.2020 and the order has been quashed so far as it relates to the said villagers and the matter has been remanded back to the Consolidation Officer to pass fresh orders after giving an opportunity of hearing to the concerned petitioners. The counsel for the petitioner has brought on record a copy of the order dated 23.6.2021 passed in Writ-B No. 596 of 2021 (Santosh Vs. State of U.P. & 3 Others) in support of his aforesaid contention.
In light of the order dated 23.6.2021 passed in Writ-B No. 596 of 2021, the present writ petition is also allowed. The order dated 28.12.2020 passed by the Consolidation Officer, District-Jaunpur is quashed. The matter is remanded back to the Consolidation Officer, District- Jaunpur to pass fresh orders in accordance with law and after giving an opportunity of hearing to the petitioner within a period of six months from the date a copy of this order is produced before him.
Order Date :- 28.7.2021 IB