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2016 DIGILAW 72 (ALL)

Dulari v. Addl. Commissioner (Administration)

2016-01-07

ABHINAVA UPADHYA

body2016
JUDGMENT Abhinava Upadhya, J. By means of this writ petition the petitioner has challenged the order dated 1.11.2007 purported to have been passed under Section 195 of the UPZA&LR Act as well as order dated 10.3.2015, which is an order passed in revision filed against the order passed under Section 195 of the said Act. By the impugned order the petitioner has been treated to be asami lease holder over plot no.83 Min., area 0.166 hectare and on the basis that asami lease which is only for five years, her lease has been cancelled against which petitioner preferred revision stating therein that she was not a lease holder but she is a bhumidhar with transferable right and was admitted to the property in question upon a sale deed executed in her favour by earlier bhumidhar, namely, Chandra which is a registered sale deed of 13.11.1996. In the revision further ground taken by the petitioner was that without any notice, the order dated 1.11.2007 has been passed. 2. It is claimed that the said order under Section 195 of the Act was without jurisdiction and also cannot be sustained as it is against the principles of natural justice, since no notice was given before passing of the said order. That apart, the petitioner has illegally been held to be asami lease holder whereas in fact she is a bhumidhar with transferable right. 3. Learned counsel for the petitioner has relied upon a decision of this Court in Writ C No.58838 of 2015 [Mitrapal Singh and others Vs. Additional Commissioner (Administration) and others] dated 13.10.2015 wherein it has been held that even if a person is asami lease holder then too shed cannot be evicted from the property in question without proper notice. 4. The matter requires consideration. 5. Learned Standing Counsel represents respondent nos. 1,2 and 3. Sri Arun Kumar Srivastava, learned counsel has put in appearance on behalf of the Gram Sabha-respondent no.4. 6. The respondents may file counter affidavit within one month. List thereafter. Till the next date of listing, the operation of the impugned order dated 1.11.2007 as well as order dated 10.3.2015 shall remain stayed.