Court No. - 18
Case :- WRIT - C No. - 14937 of 2018 Petitioner :- Suryabali And Another Respondent :- Collector Azamgarh And 3 Others Counsel for Petitioner :- Ashok Kumar Singh,Suresh Chandra Varma Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and Shri Abhishek Shukla, learned Standing Counsel for State respondents. Shri R.C. Upadhyaya appears for Gaon Sabha.
The petitioners are assailing the order dated 17.1.2018 passed by Collector, Azamgarh passed under Section 128 of U.P. Revenue Code, 2006 on the ground that at no point of time the correct fact and entry has been considered by the respondents while passing the order impugned. He further makes submissions that the matter relates to Plot No.69, which was entered as 'Navin Parti' way back in the year 1985 by the order of SDM and while passing the order impugned the Collector has overlooked such material fact. He has also apprised to the Court that the Chief Revenue Officer, Azamgarh vide order dated 24.09.2013 was also of the opinion that the wrong entry has been mentioned as 'Khalihan' against Plot No.69 and the same is liable to be entered as 'Navin Parti'. In such circumstances, it is urged that even against the order impugned the petitioner has got remedy to file revision but once material fact has been ignored, then in such situation present matter may not be relegated to the revisional authority and as such this Court should come for rescue and reprieve of the petitioners.
In the aforesaid circumstances, the Court has proceeded to examine the record in question and specially the report so submitted by the Chief Revenue Officer, Azamgarh dated 24.9.2013 appended as Annexure No.3 to the writ petition. This is not the case of the respondents that at any point of time the petitioners have placed wrong facts. Once resolution has been passed, only thereafter the allotment in question has been made. In such circumstances, this Court is of the considered opinion that the authority has to revisit in the matter and take an appropriate decision after adducing the proper evidence in this regard.
In view of above, the order impugned cannot sustain and is accordingly set aside. The writ petition is allowed. With the consent of learned counsel for the parties, the matter is remitted back to the Collector, Azamgarh to decide the matter afresh expeditiously after adducing evidence on record as well as taking cognizance of the report dated 24.9.2013 submitted by the Chief Revenue Officer, Azamgarh appended as Annexure No.3 to the writ petition.
Order Date :- 25.4.2018 SP/