LAWS(ALL)-2010-2-67

VIJAY PAL SINGH Vs. TILAK SINGH

Decided On February 03, 2010
VIJAY PAL SINGH Appellant
V/S
TILAK SINGH Respondents

JUDGEMENT

(1.) Heard Mr. Sanjeev Kumar Pandey, the learned Counsel for the petitioner. Mr. D.D. Chauhan, the learned Counsel for the respondent No. 3 and the learned standing counsel for the respondent No. 4. None responded for the respondent Nos. 1 and 2.

(2.) The instant petition under Article 226 of the Constitution of India has been filed to impugn the order dated 7.11.2001 (Annexure-3) and the order dated 30.10.2006 (Annexure-6).

(3.) The order dated 7.11.2001 was passed by the Up Ziladhikari, Jasrana, Flrozabad whereby the name of the petitioner was directed to be expunged from the revenue record in regard to plot No. 5874 area 0.648 Hectare of village Eka, Tehsil Jasrana, Firozabad. The petitioner moved an application before the Up Ziladhikari under Section 201 of the U.P. Land Revenue Act for setting aside the order dated 7.11.2001 on the ground that it was ex parte and no notice was given to him. The learned Up-Ziladhikari, Jasrana, Firozabad rejected the petitioner's restoration application vide his order dated 5.3.2003 (Annexure-4). The petitioner then filed a revision (Revision No. 120 of 2003) before the Commissioner, Agra Division, Agra which was heard and decided on 30.10.2006 by the Additional Commissioner (Administration) Agra Division, Agra. The learned Additional Commissioner dismissed the revision by holding that no notice was required to be given to the petitioner nor he was entitled to have any opportunity of hearing because his name was fictitious in the revenue record.