LAWS(SC)-2010-3-64

DINA NATH Vs. STATE OF U P

Decided On March 29, 2010
DINA NATH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Delay condoned. Shri Ramroop, the then Pradhan of Gaon Sabha, Dattipur violated the trust reposed in him by the public and manipulated allotment of two parcels of land to his own daughter-in-law, Smt. Kalawati Devi (mother of the petitioner herein). After 29 years, Consolidation Officer, Gianpur passed order dated 12.2.1997 for recording the name of Smt. Kalawati Devi in the revenue records. For this purpose, he relied upon the statement made by Shri Ramroop. Fortunately for the public and unfortunately for Smt. Kalawati Devi, respondent No. 3 Murali Dhar, who is also resident of Village Dattipur, took up the matter before the higher authorities and succeeded in convincing Collector, Bhadohi that issue of allotment of land by the Gaon Sabha headed by Ramroop needs a detailed inquiry. The Collector accepted the prayer made by respondent No. 3 for transfer of the case and passed order dated 26.8.2009, the relevant portion of which reads as under:

(2.) The petitioner challenged order of the Collector in C.M.W.P. No. 47176/2009 mainly on the ground that without setting aside order dated 15.6.2009, the Collector was not justified in transferring the application filed by respondent No. 3. The learned Single Judge could see through the game of Ramroop and like and dismissed the writ petition by recording the following reasons:

(3.) We have heard Shri S.R. Singh, learned senior advocate appearing for the petitioner and perused the record. In our view, the learned Single Judge did not commit any error by refusing to entertain the writ petition. In a matter like the present one, the Court cannot be a silent spectator and is bound to perform its constitutional duty for ensuring that the public property is not frittered by unscrupulous public land are properly enquired into and appropriate remedial action taken.