VIRENDRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri S.M.A. Abdy, learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondents and Sri Vijai Bhan Singh, holding brief of Sri Anuj Kumar, learned counsel for the Gaon Sabha. Through this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 30.7.2009 passed by the Sub Divisional Officer, Sikandrabad, District Bulandshahar, by which the proposal of the gaon sabha to allot the land to the petitioner has been disapproved by the Sub Divisional Officer.

(2.) Learned counsel for the petitioner contends that the order dated 30.7.2009 is a cryptic order and has been passed without assigning any reason while disapproving the allotment of the land. He has further submitted that the Sub Divisional Officer has although taken note of the reports of the Lekhpal and Tehsildar, which were sent alongwith the proposal for allotment of land while passing the impugned order, but in both the reports there is nothing against the petitioner, who is placed at serial No. 16 in the list prepared by the Land Management Committee. In his submissions, otherwise also there was no material before the Sub Divisional Officer to refuse the approval on the proposed allotment. Therefore, the impugned order deserves to be quashed.

(3.) Learned Standing Counsel has submitted that he does not propose to file counter-affidavit and the writ petition may be decided as per the record on its own merit. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal.