RANDHIR SINGH DUHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Randhir Singh Duhan, the petitioner in person as well as Sri Neeraj Tripathi, learned Additional Advocate General assisted by Sri D.K. Tiwari, learned Standing Counsel for respondents.

(2.) The case of the writ petitioner as worded in the present writ petition is that he had served in Indian Army and participated in operation 'Hifazat' in Manipur and Nagaland and operation 'Blue Star' in Punjab for which he was awarded with prestigious gallantry award, 'Sainya Sewa Medal.' However, owing to disability on medical grounds he was discharged from the Indian Army. The writ petitioner further claims to be possessed of Degree of Masters of Arts in English, Political Science, Defence Studies as well as B.Ed., Ph.D, PG Diploma in Human Rights and Mass Communication followed by LL.B and LL.M from reputed University. Post discharge from Indian Army, the writ petitioner claims to have joined U.P. Civil Services (PCS, Executive Branch) and was assigned the work of establishing newly created Districts, Rudrapur (Uttaranchal), Gautam Buddh Nagar (NOIDA), Shamli Tehsil Modi Nagar and Shikarpur. The writ petitioner further claims to have executed projects of construction of National Highway from Muzaffarnagar to Haridwar, Dedicated Freight Railway Corridor from Muzaffarnagar to Haryana Border, Power Grid Station and GAIL Pipeline Project in Western U.P.

(3.) While the writ petitioner was posted as Additional District Magistrate, Prabuddhnagar, now known as Shamli, he was assigned additional charge of Assistant Custodian under the provisions of Administration of Evacuee Property Act, 1950 by the orders of the Competent Authority so specified therein. With relation to auctioning of 7 Khasras admeasuring 27.112 hectares out of 11 Khasras admeasuring 27.819 hectares situate at Village Bidauli Tehsil Karana, District Prabuddhnagar, a complaint was lodged by one of the resident of Village Bdauli, Tehsil Karana, District Prabuddhnagar (at present Shamli). An inquiry was conducted under the orders of Commissioner Shaharanpur through a joint team of Additional Commissioner (Judicial) and Additional Commissioner (Administration) who tendered a inquiry report on 1/5/2012 noticing irregularities in conduction of auction of the evacuee property.