MURARI LAL Vs. STATE OF U P

JUDGEMENT

(1.) RAN Vijai Singh, J. Learned Standing Counsel states that the order im pugned has been passed under Rule 176-A (2) of U. P. Z. A. and L. R. Rules. From the perusal of the impugned order dated 29. 2. 2008, it transpires that the aforesaid order has been passed in breach of princi ple of natural justice without giving an op portunity of hearing to the petitioner.

(2.) SHRI S. K. Tiwari, learned Counsel for the petitioner submits that the petition ers are in possession over the land in dis pute since prior to the Zamindari Abolition and the petitioners have become Bhumidhar of the land in dispute. Since no oppor tunity of hearing was afforded, therefore, the entire facts could not be brought in the notice of Tahsildar, Tehsil Sadar, District Shahjahanpur which has resulted in pass ing of the impugned order.

(3.) IN view of that the writ petition succeeds and is allowed. The impugned order dated 29. 2. 2008 passed by Tehsildar Sadar, District Shahjahanpur is quashed. The respondents are restrained from inter fering in the possession of the petitioner over the land in dispute. However, the re spondents are at liberty to pass an appro priate order in accordance with law only after giving an opportunity of hearing to the petitioner. Petition Allowed. .