Court No. - 7
Case :- WRIT - B No. - 2359 of 2021 Petitioner :- Ram Samujh Respondent :- Deputy Director Of Consolidation And 3 Others Counsel for Petitioner :- Kailash Nath Singh Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for State-respondents.
The petitioner has invoked the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of the Constitution of India, challenging the order dated 23.12.2020 (Annexure 1) passed by the Consolidation Officer (respondent no. 2) in Case No. 614 of 2020-21 under Section 9-A (2) of the U.P. Consolidation of Holdings Act (in brevity 'U.P.C.H. Act').
In view of the peculiar facts and circumstances of the case and the order proposed to be passed here-under, this Court proceeds to finally decide the matter, with the consent of the counsel for the petitioner and the Standing Counsel, who are present in the Court, without calling for counter and rejoinder affidavits.
Grievance of the petitioner is that the Consolidation Officer, vide ex parte impugned order dated 23.12.2020, has expunged the name of the petitioner from the land in question i.e. plot no. 4119 min., without giving opportunity of hearing to him.
It is submitted that in provisional consolidation scheme, petitioner has been proposed chak no. 754 at two places. In a proceeding under Section 20 of the U.P.C.H. Act, the Consolidation Officer, vide order dated 22.03.1972, has modified the chak and proposed new chak over plot nos. 4100 & 4119 etc. At a very belated stage, the Consolidator has submitted an ex parte report dated 11.09.2020 for expunging the name of the petitioner from plot no. 4119 min. area 0.05 decimal on the ground that it was initially recorded as 'Usar' in the year 1359 fasli and also in the basic consolidation year 1362 fasli. Aforesaid report was accepted by the ex parte order dated 23.12.2020, consequently, name of the petitioner was expunged from the revenue record by endorsement dated 29.12.2020.
It is also submitted that identical controversy came up for consideration before this Court in Writ-B No. 561 of 2021 (Makhanchu vs. State of U.P. and 3 Others), Writ-B No. 575 of 2021 (Lautu Ram and Another vs. State of U.P. and 3 Others), Writ-B No. 578 of 2021 (Arjun vs. State of U.P. and 3 Others) and Writ-B No. 596 of 2021 (Santosh vs. State of U.P. and 3 Others). Aforesaid writ petitions were allowed on the first day itself. Copies of the aforesaid orders have been annexed as Annexure-6 to the writ petition.
On confronting with the learned Standing Counsel qua opportunity of hearing, before passing the order dated 23.12.2020, he could not over come from the said query. He has not disputed that the order dated 23.12.2020 is an ex parte order, that too, passed on the first date in the proceeding.
Now, the question for consideration in the present matter lies in a very narrow compass, as to whether opportunity of hearing was afforded to the petitioner or not, before passing the impugned order dated 23.12.2020.
Order impugned reveals that it has been passed ex parte, behind the back of the petitioner, without giving him due opportunity of hearing, on the basis of the recommendation made by the Assistant Consolidation Officer. A long standing entry continuing since 22.03.1972, in pursuance of order passed by the Consolidation Officer qua plot no. 4119 min., has illegally been ordered to be modified/deleted by ex parte order dated 23.12.2020 passed on the basis of ex parte report dated 11.09.2020 which was referred by Assistant Consolidation Officer on 23.12.2020.As such, impugned order has caused serious civil consequence and also prejudiced to petitioner. Consequently, order under challenge is unsustainable and, therefore, liable to be quashed.
In this conspectus as above, the writ petition succeeds and is allowed. Order dated 23.12.2020 passed by the Consolidation Officer is hereby quashed. Parties are relegated before the Consolidation Officer to pass a fresh order, after giving due opportunity of hearing to the parties concerned and decide the matter strictly in accordance with law.
Order Date :- 20.12.2021 VR/