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Ram Vilas v/s Deputy Director of Consolidation & Others

    Consolidation Case No. 122, 124 of 2014

    Decided On, 19 February 2014

    At, High Court Of Judicature At Allahabad Lucknow Bench

    By, THE HONOURABLE MR. JUSTICE ANJANI KUMAR MISHRA

    For the Appellant: Anurag Shukla, Advocate. For the Respondents: Yogendra Nath Yadav, Advocate.



Judgment Text

Anjani Kumar Mishra, J.

1. This writ petition has been filed challenging the orders dated 24.12.2013 and 18.11.2010 passed by the Deputy Director of Consolidation, Hardoi and the Settle

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ment Officer, Consolidation, Hardoi respectively, affirming an order expunging the name of the petitioner from the land in dispute. The two Courts have recorded a categorical finding that the entry under class 3 in favour of the petitioner is liable to be expunged on the expiry of the period of the asami patta.

2. The contention of the learned Counsel for the petitioner is that the order of the Settlement Officer, Consolidation has been passed without any opportunity of hearing and without any notice and therefore the same is liable to be set aside. The Court below i.e. the Deputy Director of Consolidation has failed to advert to the case of the petitioner.

3. Under the circumstances, it is thought fit that an opportunity of hearing be provided to the petitioner to have say in the matter. In view of the above, it is directed that the petitioner shall appear before the Deputy Director of Consolidation on 5th March, 2014 along with a certified copy of this order. On the date fixed, the petitioner shall file a detailed objection annexing thereto any evidence that he may choose to rely upon, in support of this case.

4. The Deputy Director of Consolidation thereafter shall hear and decide the matter after affording opportunity also to the Gaon Sabha to have its say in the matter. It is further directed that the Deputy Director of Consolidation shall hear the matter if necessary on the day-to-day basis and pass its final order within a period of two weeks thereafter i.e. on or before 20th March, 2014. No adjournment shall be granted to any party unless absolutely essential. With the aforesaid directions, the writ petition is disposed of. It is made clear that the orders impugned shall abide by the final decision that may be taken as directed aforesaid.

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