BHAGWAN DEEN Vs. ADDL COMMISSIONER

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned standing counsel for the respondents. Petitioner claimed that on 16.1.1982 land in dispute comprised in Plot No. 436, area 0.410 hectares was allotted to him by the Gaon Sabha validly.

(2.) A report was made to the effect that the name of the petitioner had illegally been incorporated in the Khatauni of 1397 to 1402 Fasli over the land in dispute (Prior to that it was entered as Usar hence belonging to Gaon Sabha). On the basis of the report of Tehsildar, Akbarpur dated 7.8.2004, S.D.O., Akbarpur, Kanpur Dehat in Case No. 12 of 2004 under Section 33/ 39, L.R. Act directed the cancellation of the name of the petitioner through order dated 18.8.2004, Annexure-II to the writ petition. In the said order, it is mentioned that on the basis of forged order of Tehsildar dated 31.7.1987, the name of petitioner was entered in the revenue record on 31.7.1992 for which purpose petitioner had given application on 11.6.1992. The order of Tehsildar was shown to have been passed in Case No. 274. It is further mentioned that as per records Case No. 274 of 1987 did not relate to the land in dispute and it was a case in between Sudara and Kalwawati which was decided on 17.1.1987. Thereafter, it was held that the photostat copy of order of Tehsildar dated 31.7.1987 filed by the petitioner was forged (non-existent) and parvana for making mutation in R-6 was not mentioned in the index. It is further mentioned that Case No. 274 of 1987 did not relate to the village where property in dispute is situate i.e. Akbarpur but it related to property situate in village Kichal and the said order was passed on the basis of a sale-deed. It is further mentioned that in C.H. Form No. -41, plot in dispute is mentioned as Usar.

(3.) Even though in the order dated 18.8.2004, detailed reasons have been given, however there is a major defect in the said order to the effect that notice was not issued to the petitioner and he was not heard. Against the said order petitioner filed Revision No. 287 of 2004, which has been dismissed by Additional Commissioner, Kanpur Division, Kanpur on 17.3.2006, hence this writ petition.