Hon'ble Virendra Kumar Dixit,J.
Heard Mr. Sudhir Pandey, learned counsel for the petitioner and Mr. D.K. Upadhyay, learned Chief Standing Counsel.
The petitioner has challenged the show cause notice dated 21.06.2010, issued by prescribed authority of the regulated area, Sitapur and also the order dated 18.06.2010, passed by the Sub-Divisional Officer, Sitapur, on the ground that the Sub-Divisional Officer has passed the order on the basis of inspection report prepared by the Junior Engineer of regulated area, Sitapur which is ex- parte report. He further submits that the order passed by the Sub-Divisional Officer reveals that the authority concerned has made up his mind against the petitioner to pass the order. Therefore, the present show cause notice is only a futile exercise just to strengthen the case against the petitioner otherwise, the order is in violation of the natural justice.
He further doubts the integrity of Junior Engineer who made inspection and prays for issuing a direction to make a fresh inspection by some other Technical Officer posted in the Government Department, independently, in presence of all parties as well as an Advocate Commissioner, so that the matter can be adjudicated upon properly.
Considering the facts and circumstances of the case, at this stage, we hereby issue direction to the opposite parties to make a fresh inspection of the land in dispute by way of Engineer posted in Public Works Department in presence of the petitioner as well as one Advocate Commissioner.
Considering the aforesaid facts and circumstances of the case, we hereby appoint Mr. Jay Prakash Yadav, learned Advocate as Advocate Commissioner with the direction that he will remain present at the time of inspection which shall be made by the Civil Engineer posted in the Public Works Department, state of U.P. on 30.06.2010. the copy of the inspection report shall be provided to the petitioner to file objection, if any, before the concerned authority who shall deal with the matter and after considering the objection / reply of the petitioner and by providing an opportunity of oral hearing the order shall be passed by the authority concerned.
It is further observed that till fresh decision it taken by the competent authority on the basis of fresh report, the parties shall maintain status quo over the land in dispute.
With the aforesaid observation and direction the writ petition is disposed of finally.
The Advocate Commissioner shall be paid Rs. 3,000.00 by the petitioner.
Order Date :- 28.6.2010 Sanjeet