MOHD. HASEEN KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition has been filed seeking issuance of a writ of certiorari quashing the impugned order dated 24.05.2016 passed by the respondent no.1 (Annexure 1) by which the petitioner has been removed from the office of the President/Chairman, Nagar Palika Parishad, Laharpur, District Sitapur and also a writ of mandamus commanding the respondents to allow the petitioner to exercise the powers, functions and duties as Chairman, Nagar Palika Parishad, Laharpur, District Sitapur.

(2.) Briefly stated the petitioner's case is that he was elected to the post of President/Chairman on 07.07.2012. After the post was brought into the general category, the petitioner along with one Jasmeer contested the election and the petitioner was elected while Jasmeer was defeated. Jasmeer who belongs to a political party having strong political relations could not digest his defeat and accordingly set up the opposite party no.6 who made an ante-dated complaint to the opposite party no.2 on false and baseless allegations against the petitioner. The opposite party no.2 without verifying the correctness of the complaint issued a letter dated 01.01.2015 and initiated an inquiry against the petitioner by constituting a three member committee comprising of (i) Special Secretary, Department of Urban Development; (ii) Assistant Director, Local Bodies, U.P. (Member); and (iii) Executive Engineer Construction and Design Services, U.P., Jal Nigam, Lucknow. In pursuance of the letter dated 01.01.2015, the officer In-charge, Local Bodies/Additional District Magistrate, Sitapur wrote a letter on 03.01.2015 to the Executive officer, Nagar Palika Parishad, Laharpur requiring him to provide necessary records and information to the aforesaid inquiry committee. The inquiry committee asked the petitioner as also the Executive officer, Nagar Palika Parisad, Laharpur to submit report on points mentioned in the complaint. Both these persons submitted their report dated 20.01.2015 explaining each and every point stated therein. The Special Secretary/President of the inquiry committee called for a report from the revenue authorities also in respect of the land of old and new slaughter houses of Nagar Palika. The Tehsildar, Laharpur submitted his report dated 15.01.2015 stating therein that the previous slaughter house was being run over the land of Gata No.1774 area 0.138 hec. of village Lachhan Nagar which is now lying vacant and is recorded in the name of Salma Begum as bhumidhar with transferable rights. With regard to slaughter house over the land of Gata No.6261/1 area 0.166 hec. situate at village Prahladpur, the Tehsildar stated that it was earlier recorded in the name of Maula Baksh and Moharamm Ali, sons of Noor Baksh as bhumidhar with transferable rights, who had transferred the land in favour of Nagar Palika Parishad, Laharpur by means of sale deed dated 08.11.2013 and mutation in favour of Nagar Palika had also taken place on 27.12.2013. With regard to the land of Gata No.830 area 0.198 hec. of village Prahladpur, it was stated by the Tehsildar that an area of 0.49 acres of Gata No.830 has been found to be recorded in the name of Kheman in Ziman 5(2) of Khatauni 1337 Fasli. In 1367 Fasli, the land of Gata No.830 area 0.49 acre was recorded as Talab and Gata No.830 area 0.198 hec. was recorded in Ziman 4 of Khatauni of 1407 Fasli. In the Khatauni of 1420 Fasli, the said land had been ordered to be recorded in the name of Smt. Mohammadan. During spot inspection, the houses of Ramjan Haji Mushir Ahmad, Smt. Isfana Bano, Chhotey, Ali Hasan, Moinuddin and Ashiq have been found constructed thereon. The said report also mentions that the roads over the aforesaid land have been constructed by the erstwhile President Nagar Palika Parishad, Laharpur.

(3.) The aforesaid three member inquiry committee submitted its report dated 28/19-01-2015 to the Secretary, Urban Development referring therein to the report of the Sub-Divisional officer dated 15.01.2015 and the reply of the petitioner dated 20.01.2015. It is stated therein that the previous slaughter house was being run over the land of Gata No.1774 area 0.138 hec of village Lachhan Nagar which is now lying vacant. The land is recorded in the name of the Salma Begum as Bhumidhar with transferable rights. The officers of Pollution Control Board, U.P. inspected the site on 15.09.2012 and raised objection against slaughtering in open space and ultimately an order dated 03.07.2013 for closing the slaughter house was issued. When the Nagar Palika Parishad intended to construct the slaughter house over the said land, the owner Smt. Salma Begum obtained a decree of injunction dated 06.05.2013 of Civil Court.