MAHENDRA PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Rajeev Sisodia, learned counsel for the petitioners, learned standing counsel for the State - respondents and Sri Abhishek Srivastava holding brief of Sri A.K.rivastava, learned counsel for the Gaon Sabha.

(2.) IT is contended by the learned counsel for the petitioners that the impugned order expunging the names of the petitioners from the revenue record has been passed without affording an opportunity of hearing to the petitioners treating the land falling under section 132 of the U.P. Zamindari Abolition and Land Reforms Act, 1950. In his further submissions, the order under section 33/39 of the U.P. Land Revenue Act, 1901 cannot be passed without affording an opportunity of hearing to the other side or the person affected. Learned standing counsel as well as the learned counsel appearing for the Gaon Sabha submitted that the order impugned is revisable and the writ petition is not maintainable.

(3.) TILL the petitioners' recall application is considered and decided, the petitioners shall not be evicted from the land in dispute in case he is still in the possession over the same.