Research › Browse › Judgment

Allahabad High Court · body

1991 DIGILAW 1102 (ALL)

Basdeo v. Deputy Director of Consolidation, Azamgarh

1991-08-27

R.R.K.TRIVEDI

body1991
JUDGMENT R.R.K. Trivedi, J. - Heard learned counsel for the petitioners. By the impugned order dated 31st May, 1983, some entries, which, in view of the consolidation officer were forged, have been cancelled. The counsel for the petitioners have submitted that as the notification under section 52 of the U.P. Consolidation of Holdings Act was published on 11th November, 1978, the authorities had no jurisdiction to cancel the entires existing on the revenue papers prepared during the consolidation proceedings. I am not satisfied with the submission made by the learned counsel for the petitioners. As the record was possessed by the consolidation authority at the relevant time, when it has been noted that the entries have been made by interpolation in different ink and writing, they have rightly corrected it and restored the record to its original position. Learned Counsel for the petitioners has further submitted that the orders were passed without hearing the petitioners. In my opinion, the orders passed are mere administrative in nature and no hearing was required to be given, for correction of forgery apparent on record, principles of natural justice are meant for advancing justice and not to help in maintaining forgeries and interpolation in record. If the petitioners are aggrieved they may file a suit for declaration of their rights before the appropriate court. So far this Court is concerned it is not a fit case for interference under Article 226 of the Constitution of India. 2. This writ petition is disposed of with the aforesaid observations.