ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This petition questions the correctness of the impugned orders including the order dated 14.1.2008 passed by Sub-Divisional Officer and the order passed by Addl. Collector dated 31.5.2011 affirming the same arising out of summary proceedings of expunging the name of the Petitioner from the land in dispute. The ground of challenge is that the order was passed in violation of principles of natural justice in an administrative capacity and without applying mind to the facts of the case.

(2.) The claim of the Petitioner is that the predecessor in interest of the Petitioner namely Smt. Chhotti was the allottee of the land since the year 1973. The land was recorded as "Banjar". The allotment is sought to be annulled by virtue of a summary order holding that the statutory period of lease has expired and, therefore, the Petitioner cannot continue to hold over the land. It has been categorically recorded that the period is 5 years whereas the Petitioner has continued for almost more than 3 decades without having any right, title or interest over the land in dispute.

(3.) Sri Srivastava relying heavily on the judgment in the case of Hari Ram v. Collector, District Saharanpur/Addl. Collector and Ors., 2004 97 RevDec 360, submits that without following the procedure prescribed as provided for under Rule 176A of the U.P. Zamindari Abolition & Land Reforms Rules, the Petitioner could not have been evicted without determining the lease keeping in view the provisions of Section 194(c) of the Act.