SHAMBHOO NATH Vs. COMMISSIONER VINDHYACHAL REGION MIRZAPUR

JUDGEMENT

(1.) PRADEEP Kant, J. Heard the learned Counsel for the petitioners Sri Anil Kumar Misra and Sri Bhola Nath Yadav for the State. List has been revised but the Counsel for the Land Manage ment Committee did not turn up.

(2.) THIS writ petition under Article 226 of the Constitution has been filed against the order passed by the Com missioner, Vindhyachal Region, Mirzapur dated 7-12-2001 by means of which the Commissioner had upset the order dated 9th September, 1998 passed by the Sub-Divisional Magistrate, Lalganj, Mirzapur.

(3.) APART from the aforesaid plea, the Commissioner also entered into fac tual and procedural aspect of the matter and observed that the proceedings were initiated on the application of the petitioner on 14- 2-1997. The order sheet (Fardehkam) dated 20-6-1998 though says that Pradhan and Lekhpal were summoned for recording their statements but the file did not show that any notice was ever issued to them. There is a notice for 3rd July, 1998 which is said to have been issued for summoning the Pradhan and Lekhpal but in the file the statement of Shiv Raj Singh, Up-Pradhan was available but even this statement did not contain any date nor the signatures of the Presiding Officer.