MAMTA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri C.V.S. Raghuvansi, learned counsel for the petitioners, learned standing counsel appearing for the State-respondents and Sri M.N. Singh, learned counsel for the Gaon Sabha. Through this writ petition, the petitioners have prayed for issuing a writ of certiorari quashing the order dated 19.1.2009 passed by the respondent No. 3 expunging the revenue entries in favour of the petitioners overgate Nos. 264/2 and 264/5 situated in village Chakmani Rathunathpur, tehsil Dhampur District Bijnor. The aforesaid order appears to have been passed in a proceeding under Section 33/39 of the U.P. Land Revenue Act, 1901.

(2.) Sri Raghuvansi submits that the entire proceeding is ex parte as the petitioners were neither noticed nor heard, therefore, they could not challenge this order earlier. It has also been submitted that the petitioners are totally illiterate persons and can only put their thumb impression. Therefore, being unaware of the proceeding, nothing could be done till date.

(3.) Learned counsel for the Gaon Sabha and learned standing counsel submit that the order is revisable and the petitioners may file revision against the said order. In their submissions, the writ petition should be dismissed on the ground of alternative remedy.