SHEO KANTH PRASAD VERMA Vs. GAON SABHA GOSUA

JUDGEMENT

(1.) Heard Sri A. S. Chaudhary learned counsel for the petitioner as well as Sri R. K. Srivastava, learned standing counsel,

(2.) The submission of the learned counsel for the petitioner is that an area of one bigha 10 dhur a part of plot. No. 448 situated in village Gosua, pargana Mallawan, Tehsil Bilgram, district Hardoi, was allotted to the petitioner No. 1 for construction of house on payment of Rs. 150 to the Gaon Sabha on 17.1.1982. A copy of which has been annexed as Annexure-1 to the writ petition. Similarly, the plots were allotted to the other petitioners, i.e., petitioner Nos. 2 to 11 by the Gaon Sabha in pursuance to payment of certain charges. The relevant facts has been pleaded in para 1 of the writ petition. The submission of the learned counsel for the petitioner is that after allotment of plot for residential purpose by the Gaon Sabha the petitioner has started construction over the said plot.

(3.) The submission of the learned counsel for the petitioner is that by the impugned order dated 1.7.1981, the Sub-Divisional Magistrate, Bilgram had cancelled the allotment done in petitioners favour by non-speaking order without providing opportunity of hearing or issuance of show cause notice. The impugned order dated 1.7.1981 is reproduced as under : ^^vk[;k dk voyksdu fd;k x;k dk;Zokgh vkcaVu voS/kkfudgksus ds dkj.k fujLr fd;k tkrk gS A**