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VAKIL KHAN versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Vakil Khan v. State Of U.P. & Others - WRIT - C No. - 43360 of 2007 [2007] RD-AH 16212 (1 October 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble Janardan Sahai, J.

The grievance of the petitioner is that by an order dated 28.5.2007 the entry of the petitioner's name has been directed to be expunged and it has been ordered that the land in question may be entered as navin parti/pokhar.

Learned counsel the petitioner submitted that the order of the Sub Divisional Magistrate giving this direction was passed without any opportunity of hearing to the petitioner.

I have heard the learned Standing counsel also who has appeared for the respondents 1 and 2 and Sri N.N. Verma holding brief of Sri V.K. Singh, learned counsel for the Gaon Sabha.

It is stated that no counter affidavit is proposed to be filed and the writ petition may be disposed of finally at this stage. There is no recital in the order that the petitioner was heard. In paragraph 8 of the writ petition it is stated that no notice was served upon the petitioner. From the order dated 28.5.2007 it does not appear that the petitioners were heard. The order is a cryptic one. Counsel for the petitioner states that the petitioner will file a representation before the Up Ziladhikari within a period of 15 days from today.

In the facts and circumstances of the case this writ petition is disposed of with the direction that in case the petitioner makes a representation annexing thereto all the materials in his support the Up Ziladhikari, Sadar, Bulandshahr will provide post decisional hearing to the petitioner against the order dated 28.5.2007 and shall try to decide the case expeditiously.

Let a certified copy of this order be made available to the counsel for the petitioner within two days on payment of usual charges.

1.10.2007.

s.wp.43360/07.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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