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2016 DIGILAW 2852 (ALL)

Ramvir Singh v. State of U. P.

2016-08-19

RAM SURAT RAM (MAURYA)

body2016
JUDGMENT Ram Surat Ram (Maurya),J. Heard Sri Kuldeep Singh Yadav for the petitioners. The writ petition has been filed against the order of Sub Divisional Officer dated 11.1.1999 by which he has recalled the earlier order dated 27.10.1996 and restored the case to its original number and the order of Board of Revenue, Circuit Bench, Agra dated 18.4.2016 by which revision of State of U.P. and Gaon Sabha was allowed and the order of Additional Commissioner was set aside. By order dated 27.10.1996, the petitioners were declared bhumidhar with transferable right under Section 122B(4-F) of U.P. Act No.1 of 1951. Thereafter State of U.P. and Gaon Sabha filed an application for recalling the aforesaid order on the ground that the order was passed without giving any opportunity of hearing to State of U.P. and Gaon Sabha. Sub Divisional Officer by order dated 11.1.1999 recalled the order dated 27.10.1996 and fixed a date for further hearing in the matter. The petitioners challenged the aforesaid order in revision. Additional Commissioner by judgment dated 30.4.2001 held that as only possession of the petitioners belonging to Scheduled Caste was required to be proved in view of Section 122B(4-F) of U.P.Act No.1 of 1951, as such opportunity of hearing was not required to be given. On this finding he allowed the revision and set aside the order of Sub Divisional Officer dated 11.1.1999. State of U.P. and Gaon Sabha challenged the aforesaid order in revision before Board of Revenue, Circuit Bench Agra, which has been allowed by order dated 18.4.2016. Hence, this writ petition has been filed. I have considered the arguments of the counsel for the parties. The reason given by Additional Commissioner in allowing the revision is quite incorrect inasmuch as State of U.P. and Gaon Sabha were Owner/Manager of the property in dispute. If any person is conferred a right of any nature over State land then opportunity of hearing has to be given to State of U.P. and Gaon Sabha. Sub Divisional Officer has not committed any illegality in recalling the order dated 27.10.1996.No interference is required by this Court. With the aforesaid observation the writ petition is disposed of.