CHHOTTI Vs. STATE OF U. P. AND OTHERS

JUDGEMENT

(1.) THIS writ petition is directed against order dated 22.4.2009 passed by Deputy Collector, Nageena District Bijnor in case no.215 of 2008-09 ? State vs. Choti through which name of the petitioner has been directed to be expunged from the revenue records pertaining to the land in dispute. Learned counsel for the petitioner states that asami patta was granted to the petitioner in the year 1995. By virtue of Rule 176-A of the Rules framed under U.P.Z.A. & L.R. Act maximum period of asami patta is 5 years.

(2.) IT is correct that such type of order shall not be passed without hearing the person concerned and entry of person in the revenue record particularly if it is continuing since long shall not be expunged without hearing him. However, as held by the Supreme Court Ashok Kumar Sonkar vs. Union of India, 2007 (4) SCC 54 and Aligarh Muslim University vs. Mansoor Ali Khan A.I.R. 2000 S.C. 2783, if some one challenges an order before the High Court in writ petition on the ground that it was passed without hearing him then he must show in the writ petition that in case opportunity of hearing had been provided then what plausible cause he would have shown.

(3.) ACCORDINGLY , even after holding that the impugned order is bad in law as no opportunity of hearing was provided to the petitioner still it cannot be set aside as learned counsel for the petitioner has not been able to show that petitioner has got least right to continue in possession.