RAM ROOP Vs. COMMISSIONER

JUDGEMENT

(1.) Heard Shri Raj Kishore Yadav, learned counsel for the petitioner and Shri Jitendra Narain Rai, learned Additional Chief Standing Counsel for the respondents.

(2.) This writ petition has been instituted to quash the order dtd. 13/12/1995 (Annexure No.1), order dtd. 5/8/1997 (Annexure No.7) passed by respondent no.2 - Additional Collector, Land Revenue, Azamgarh, and order dtd. 31/10/2000 (Annexure No.6) passed by respondent no.1- The Commissioner, Azamgarh Division, Azamgarh.

(3.) In brief facts of the case are that, villages in Tehsil Mohammadabad Gohna, now Sadar, District Azamgarh, were denotified under Sec. 52 of the Consolidation of Holdings Act, 1953 (hereinafter referred to as the CH Act) in the year 1972. By orders of the respondent no.2 dtd. 10/6/1969 the petitioner was granted Sirdari rights over plot no.2093 (new no.1216) 740 kari and plot no. 226 ( new no.138/5) 421 kari as evident from form CH-45 and the petitioner is in possession over the aforesaid plots for the last 25/26 years. By notification issued under Sec. 4. (2) of the Act (published in U.P. Gazette on 5/9/1992), the consolidation proceedings were restored in district Azamgarh. During the consolidation operation, respondent no.1 exercising its power under Sec. 33 read with Sec. 39 of the U.P. Land Revenue Act, 1901 (in short 'the LR Act') changed the entries in the revenue records, based on the orders passed by the consolidation Authorities during first consolidation operations in the village, without issuing notice to the petitioner or affording him an opportunity of hearing (Annexure No.1 to the writ petition).