Court No. - 37
Case :- WRIT - C No. - 6511 of 2019 Petitioner :- Mujammil Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suresh Chandra Varma,Satendra Kumar Singh Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Siddhartha Varma,J.
When an order under section 67 of the U.P. Revenue Code, 2006 was passed on 31.7.2018, the petitioner moved a Recall Application saying that he was not heard. However, the Recall Application was also dismissed on 12.12.2018 and, therefore, against the two orders, the petitioner filed an Appeal. This Appeal was transferred from the Court of Collector to the Court of Additional Collector (Finance & Revenue), District Hapur. The petitioner has in paragraph 13 of the writ petition, and it is also clear from the order sheet, stated that no notice was issued to the petitioner to appear before the Court of Additional Collector. Orders passed under section 67 of the Code have grave consequences i.e. either the possession or the construction is removed or heavy damages are imposed. In the instant case, a damage of Rs.21,90,000/- was imposed upon the petitioner.
In view of the fact that the order sheet does not indicate that notice was issued to the petitioner for appearance before the Court of Additional Collector, the Court feels that it would be proper that the order is set aside and the petitioner is heard before the Appellate Court.
Under such circumstances, the order dated 30.1.2019 passed by the Additional Collector (Finance & Revenue), District Hapur is, accordingly, quashed. The matter is remanded back to the Court of Additional Collector (Finance & Revenue) who shall, after hearing the petitioner, pass a fresh order within a period of two months.
For a period of two months, no coercive action shall be taken against the petitioner.
The writ petition is, accordingly, allowed.
Order Date :- 25.2.2019 GS (Siddhartha Varma, J.)