AMRITA SINGH Vs. JASBIR SINGH

JUDGEMENT

(1.) Delay Condonation Application (CLMA) No.10753 of 2019 Delay in preferring the appeal is not opposed by Mr. Arvind Vashistha, learned Senior Counsel appearing on behalf of the respondent-writ petitioner and the delay is, therefore, condoned.

(2.) This appeal is preferred against the order passed by the learned Single Judge in WPMS No.1250 of 2015 dated 30.05.2017. The first-respondent in this appeal invoked the jurisdiction of this Court, by way of WPMS No.1250 of 2015, seeking a writ of certiorari to quash the interim inquiry report dated 24.06.2014, the final inquiry report dated 27.09.2014 and the consequential orders, and to quash implementation of the impugned orders in the Khatoni.

(3.) Facts, to the limited extent necessary, are that an order was passed under Section 33-A of the Uttar Pradesh Land Revenue Act, 1901 on 24.08.2008 in favour of the first respondent-writ petitioner. While there appears to exist several other legal proceedings inter-se between the appellant and the firstrespondent, (both of them are siblings i.e. brother and sister), we are concerned, in the present case, with the action taken by the Commissioner in entertaining the complaint of the appellant that the order, passed under Section 33-A of the Act on 24.10.2008, was vitiated by fraud. On receipt of the complaint of the appellant, the Commissioner (Kumaon Mandal) directed that an inquiry be caused by the then Officiating Director, who submitted his report on 24.06.2014 holding that the earlier order obtained by the first respondent-writ petitioner, under Section 33-A of the Uttar Pradesh Land Revenue Act, 1901, was illegal. The validity of the Preliminary Inquiry Report dated 24.06.2014, among others, is subjected to challenge, by the first-respondent-writ petitioner, on the ground that it was passed without application of mind; and there was no material before the Inquiry Officer to arrive at such a conclusion.