HARINATH AND OTHERS Vs. SHIV BACHCHAN AND OTHERS

JUDGEMENT

(1.) Heard Shri Siddhartha Varma, learned counsel for the petitioner, Shri A.K. Malviya, learned counsel appearing on behalf of respondent no. 2 and learned Standing Counsel.

(2.) The writ petition is directed against the order dated 17.12.1999 and 20.09.1999 passed by the Pargana Adhikari, Saidpur, District Ghazipur. By the order dated 20.09.1999, the order of approval for the settlement of abadi under Section 123(1) in favour of petitioner was cancelled on the ground that the petitioner was illegally benefited by the authority as the land which was settled is a Land of Khalihan reserved for public purpose. It was also recorded in the order itself that the land is of Khalihan. Further, at the time of approval made in favour of the petitioner, the village was under consolidation and direction was wrongly given to make Amaldaramad in the revenue records.

(3.) Aggrieved by the order dated 20.09.1999, an application under Section 201 L.R. Act was filed by the petitioner for recall of the order. It was stated that in the application filed by the petitioner for recall of the order of cancellation for approval made under Section 123(1) of the Act, that they are in possession of the land in question since before abolition of Zamidari and the house was constructed over the same. The petitioner moved an application under Section 123(1) of the Act before the Sub Divisional Magistrate, Saidpur. On the said application, report was called for from Halka-Lekhpal, Nayab Tehsildar and Revenue Inspector. On the reports submitted by the Revenue Officers, the Sub Divisional Magistrate directed for entry of abadi in category 6 over the land in dispute in the name of petitioner by expunging the entry of Khalihan in the revenue records. The order dated 20.09.1999 passed without any notice to the petitioner.