TRILOKI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) RAN Vijai Singh, J. This writ pe tition has been filed against the order dated 31. 3. 2008 passed by Additional Commis sioner (Judicial), Moradabad Division, Moradabad in Revision No. 59/07-08, Triloki Singh v. State of U. P. and others.

(2.) IT appears that the Assami Patta was granted to the petitioner's father and after his death, the petitioner has been in possession over the land in dispute. How ever, aforesaid patta was cancelled on 20. 1. 2000 without affording an opportunity of hearing to the petitioner's father. Against that, a Revision was preferred which was allowed on 6. 3. 2007 on the ground that the order dated 20. 1. 2000 was passed in breach of principle of natural justice.

(3.) IT has not been disputed by the parties that the Patta in favour of peti tioner's father was granted in the year 1964 and the present entry has been cancelled in the year 2000 and again in Revision the matter was remanded for deciding case after affording an opportunity of hearing to the petitioner. However, during the pen dency, the father of the petitioner has died and since petitioner has not been living in the village, therefore, matter neither could be contested no any evidence could be adduced.