WRIT PETITION 134 of 2016 on 30 November 2017

HIGH COURT OF JUDICATURE AT ALLAHABADWRIT - B No. - 2300 of 2025

Surali Rajbhar And 5 Others

HON'BLE AJAY BHANOT, J.

Heard Sri Gyanendra Prakash Srivastava, learned counsel for the petitioners and Sri Prem Bahadur Singh, learned counsel holding brief of Sri Rameshwar Prasad Shukla, learned counsel for the respondents.

The only ground assailing the impugned order dated 30.11.2017 passed by the Deputy Director of Consolidation, Azamgarh under Section 48 of the U.P. Consolidation of Holdings Act, 1953 and order dated 06.10.2023 passed by Additional Collector (Revenue) Azamgarh in Case No. 134 of 2016 under Sections 3/39/225 48 of the U.P. Land Revenue Act, 1901 is that both the orders were exparte to the petitioners. The substantive rights of the petitioners over the disputed parcels of land are engaged in the instant litigation.

Learned Standing Counsel on the basis of records could not dispute the aforesaid submissions.

In the wake of preceding discussion and upon perusal of the impugned orders this Court finds that the impugned orders dated 30.11.2017 and 06.102023 have been passed without affording an opportunity of hearing to the petitioners. The said orders have passed in violation of principles of natural justice. Substantive rights of the petitioners were engaged in the said litigation and the petitioners were entitled to a opportunity of hearing.

The authorities while passing the impugned orders have adopted a procedure not known to law. The impugned orders cannot be sustained and are liable to set aside and are set aside.

The matter is remitted to the Collector to proceed in accordance with appropriate provisions of law against the petitioners and decide the matter afresh after giving opportunity of hearing to the petitioners.

The petitioners shall cooperate in the proceedings so instituted by the Collector. The Collector may also remit the matter to the competent statutory authorities if he is not possessed of the jurisdiction to decide the aforesaid matter. The said authority to whom the matter has been transmitted by the Collector under the appropriate provisions of law shall be bound by this order and shall decide the controversy within a period of six months. All parties are directed to cooperate in the proceedings before the authorities below.

The writ petition is allowed.

September 22, 2025

Pravin

(Ajay Bhanot,J.)