LAWS(ALL)-2004-12-282

UMA SHANKER Vs. BOARD OF REVENUE AND OTHERS

Decided On December 01, 2004
UMA SHANKER Appellant
V/S
Board of Revenue and others Respondents

JUDGEMENT

(1.) Deputy Collector, Fatehpur passed an order on 7.10.2003 in case No. 23 of 2003 under Rule 176-A of U.P.Z.A. & L.R. Rules, State Vs. Indra Pal and others. Through the said order Asami Pattas of several persons was cancelled on the ground that period of Asami Patta had expired. It was further directed through the said order that in the revenue record the names of Pattedar must be expunged and the land must be entered in Ore name of Gaon Sabha. Petitioner was also one of such person whose name was directed to be expunged by the said order. Against the said order petitioner filed a revision being Revision No. 14 of 2004-05. Board of Revenue, Allahabad through order dated 25.10.2004 dismissed the revision, hence this writ petition.

(2.) Board of Revenue held in favour of the petitioner that before, passing the order challenged in the revision petitioner was not heard and in other similar matters Board of Revenue on this very ground had granted relief to the affected persons. However, Board of Revenue refused to grant any relief to the petitioner on the ground that the order challenged in the revision was reasoned order.

(3.) The case of the petitioner is that he was not Asami Patta holder and that some order by consolidation court had also earlier been passed in his favour.