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Adarsh Krishak Jr. High School & Another v. Addl. Commissiner Allahabad & Others - WRIT - C No. - 47215 of 2007 [2007] RD-AH 16778 (24 October 2007)

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Civil Misc. Writ Petition No. 47215 of 2007

Adarsh Krishak Junior High School and another


Additional Commissioner, Allahabad Division, Allahabad and others

Hon'ble Krishna Murari, J.

Heard learned counsel for the petitioners and Sri U. S. Varma, holding brief of Sri V. K. Singh, appearing for respondent no. 3-Gaon Sabha.

Petitioners claim to be allottee of land in dispute by the land management committee made in the year 1976. It is alleged that on a complaint made by respondent no. 4 that the names of the petitioners are recorded in the revenue records fraudulently Sub Divisional Magistrate called for a report. Tehsildar made some enquiry and submitted a report on 15.6.2007 on the basis of which an order dated 19.6.2007 was passed by the Sub Divisional Magistrate to expunge name of petitioners from the revenue records.. The said order was challenged by the petitioners by filing revision. On 27.6.2007 Additional Commissioner admitted the revision, called for the record of the lower court and directed the parties to maintain status quo till the disposal of the revision. On 30.6.2007 another order was passed by the Additional Commissioner on an application moved by the petitioners staying the effect and operation of the order dated 19.6.2007 passed by the Sub Divisional Magistrate. In response to the notice issued, contesting respondent no. 4 put in appearance and filed objection. Additional Commissioner vide order dated 29.8.2007 vacated the order dated 27.6.2007 as well as 30.6.2007. Aggrieved, petitioners have approached this Court.

It has been urged by the learned counsel for the petitioners that there was no justification for the Additional Commissioner to have vacated the said order during the pendency of the revision. It has further been urged that the order dated 19.6.2007 directing to expunge the name of the petitioners was passed exparte without notice or affording opportunity of hearing and in view of the above, there was no justification on the part of the Additional Commissioner to have vacated the same only on the ground that entries in the revenue records were forged and fabricated without affording any proper opportunity to the petitioners to lead evidence on that point.

Considering the facts and circumstances, this writ petition is finally disposed of with the direction to the respondent no. 2, Additional Commissioner, Allahabad Division, Allahabad to decide the revision filed by the petitioners pending before him as expeditiously as possible, preferable within a period of four months from the date of production of a certified copy of this order before him in accordance with law and after notice and opportunity of hearing to all concerned.

Till disposal of revision, as directed aforesaid, effect and operation of the order dated 19.6.2007 passed by the Sub Divisional Magistrate directing to expunge the name of the petitioners from revenue records shall be kept in abeyance and respondents shall not interfere in the possession of the petitioners over the land in dispute during this period.



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