RISHIPAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Shailendra Singh, Ajay Tripathi, Surya Prakash Pandey, M.J.Akhtar, Rajesh Kumar, Dhirendra Prasad, Santosh Kumar Srivastava, Rahul Kumar Tyagi, Harish Chandra Dubey, Sheikh Moazzam Inam, Adarsh Tripathi, Sri S.K.Chaubey, Sri V.K.Upadhyay, Sri K.N.Singh, Kharag Singh, Abhay Raj Yadav, Vidya Kant Tripathi, Dwijendra Prasad, Pravesh Kumar, Shailendra Yadav, Rahul Kumar Tyagi, Pramod Kumar Pandey, Birendra Pratap Yadav, Vinod Kumar Yadav, Naveen Kumar, K.K.Yadav and H.C.Yadav, learned Advocates appearing for the respective petitioners and Sri Sudhir Bharti, Sunil Kumar Singh, Pankaj Kumar Gupta, Achal Singh, Deepak Gaur, Pradeep Singh, Sher Bahadur Singh, Bhupendra Kumar Tripathi, Hari Narayan Singh, learned counsel for their respective Gaon/ Gram Sabhas and Sri Abhishek Shukla, learned Additional Chief Standing Counsel, assisted by Sri R.S.Umrao, learned Standing Counsel, Sri Rahul Malviya, Sri Anand Bhaskar Srivastava, Sri Ashok Kumar Khushwaha, Sri S.K.Pandey, P.K.Kaushik, Sri Amit Singh, Sri Dhananjay Singh, Sri Chandrasekhar Vaisya, Sri Amit Dubey, Sri Rakesh Kumar, learned Standing Counsel appearing for the State respondents.

(2.) The common question of law that arises for consideration relates to the procedure to be adopted by the revenue authorities in exercise of their power under Sec. 67 of the U.P. Revenue Code, 2006 (hereinafter referred to as "Revenue Code") and Sec. 26 thereof.

(3.) The grievances raised by petitioners in their respective writ petitions more or less relate to the manner and method in which spot inspection is conducted, report prepared and at times without giving opportunity to the aggrieved party to contest the report, the orders are passed. There are cases where straight away, the Assistant Collector 1st Class/ Tehsildar concerned has proceeded to pass final order under Sec. 67 of the Revenue Code.