ASHOK KUMAR SINGH AND OTHERS Vs. DISTRICT MAGISTRATE/DISTRICT DEPUTY DIRECTOR OF CONSOLIDATION, GORAKHPUR AND OTHERS

JUDGEMENT

(1.) Pleadings are complete as requested, matter is being heard and is being finally decided.

(2.) Parties learned Counsel have been heard.

(3.) Challenge in this petition is the order passed by the Sub-Divisional Officer and the District Magistrate dated 27.8.2002 and 31.8.2002 by which existing entry in petitioner's favour in respect to plot No. 506 in village Jungle Rani Sohas Kunwari, Pargana Bhaupar, Tehsil Sadar, District Gorakhpur has been directed to be expunged. Submission is that entire exercise is in violation of principle of natural justice inasmuch as neither any case was registered either in regular Court or before the summary Court and thus by getting some report, a finding has been given that the entry in favour of petitioner is forged and therefore, that is to be expunged Submission is that it has been repeatedly said by this Court besides the Apex Court that for expunction of entry in favour of a party, he is to be given opportunity of evidence and arguments and therefore, by recording ex parte satisfaction by the authority, entry cannot be directed to be expunged. Reliance has been placed by learned Counsel on the decision given in the case of Chatur-gun and others Vs. State of U.P. and others, 2005 (98) RD 244which has taken note of large number of judgments given by this Court and by the Apex Court.