SHYAMJI Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) Supplementary affidavit filed today be taken on record.

(2.) Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

(3.) Proceedings under Sec. 122-B of the U.P. Zamindari Abolition and Land Reforms Act are stated to have been initiated against the petitioner on a report of the Lekhpal being Case No. 226 of 2008. The same resulted in an order against the petitioner for eviction from the land of the Gram Sabha as well as for imposition of penalty for unauthorized occupation thereof to the tune of Rs. 10,000.00. Petitioner made an application for recall of the said order on the ground that the notice in form 49A was not served upon him and therefore, the order was ex parte. This application was allowed by the Tehsildar vide order dated 20th March, 2009 and earlier order was recalled after recording that the same was passed without notice and opportunity of hearing to the petitioner. The State Government not being satisfied with the order so passed preferred a revision, which was numbered as 36 of 2009 before the Collector. The Collector under the impugned order dated 24th Dec., 2009 has allowed the revision. Hence this writ petition.