BASHIR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri P.S. Chauhan, learned counsel for the petitioners, learned Standing Counsel and Sri Rajesh Yadav, learned counsel for the Gaon Sabha. Learned counsel for the respondents state that under the facts and circumstances of this case, he does not propose to file counter-affidavit and the writ petition may be decided on its own merit in accordance with law.

(2.) This writ petition has been filed for issuing a writ of certiorari quashing the order dated 27.11.2010 passed by the Sub-Divisional Officer, Rampur Maniharan District Saharanpur in Case No. 08/2010 (State v. Ajmer and others) in a proceeding under Section 176A of U.P. Zamindari Abolition and Land Reforms Act, 1950 by which the name of the petitioners' father has been expunged from the revenue record. Although, there is laches of more than three years but under the facts and circumstances of the case, that is liable to be ignored and the writ petition is being taken up for final disposal.

(3.) While assailing the impugned order, learned counsel for the petitioners contends that the order impugned has been passed against a dead person. In the submission of learned counsel for the petitioners, the petitioners' father, against whom proceeding was initiated, has already expired in January, 2010 and the order has been passed in November, 2010. It is settled that the order against the dead person is nullity and void ab initio. The view taken by me finds support from the following authorities on the point.