B R NANGIA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri M.K. Gupta, learned Senior Advocate, assisted by Sri Vatsal Srivastava, for the petitioner and learned Standing Counsel for the respondents.

(2.) It is contended by Learned Counsel for petitioner that mutation was allowed by Tehsildar concerned in favour of petitioner in 1997 itself. Thereafter in 2004 an application was filed by Gram Sabha for recall of order of mutation passed in favour of petitioner and thereupon the Tehsildar after for almost eight years and more, without issuing any notice to the petitioner, recalled the order of mutation dated 26.9.1997 vide order dated 3.4.2006 and directed for correction in the entry and, thereafter issued notice to the affected parties.

(3.) Sri Gupta contended that opportunity of hearing ought to have been allowed to petitioner before recalling order of mutation dated 26.9.1997 and, therefore, impugned order is illegal being in violation of principles of natural justice. The revisional authority has also erred in law in observing that in case of fraud or misrepresentation, no opportunity is required to be given to affected parties. He submitted, if the order has been obtained by fraud or mis-representation, it was incumbent upon by the person concerned, who alleges fraud or mis-representation, to prove the same and it could not have been done ex parte without hearing the other side. He placed reliance on this Court's decision in Chetrum and Others v. State of U.P. and Others, 2005 98 RevDec 244, Smt Kunti and Others v. Commissioner, Meerut Division, Meerut and Others, 2009 5 ADJ 728; Bachchu Ram Sing v. Addl. Commissioner (J) Allahabad Division, Allahabad, 2009 6 ADJ 183; Sanskrit Gram Nirman Sahkari Samiti v. State of U.P. and Others, 2009 9 ADJ 148; Riz Pal Singh v. State of U.P. and Others, 2009 9 ADJ 411; Civil Miss. Writ Petition No. 38874 of 2010 (Shri Durgadevi Rural and Educational Society v. State of U.P. and Others, decided on 7.7.2010, and, Civil Misc. Writ Petition No. 13757 of 2011 (Dal Chand and Others v. State of U.P. and Others) decided on 8.3.2011.