INDRA MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioners challenging the order dated 16.9.2006 and consequential notice dated 22.9.2006. From the perusal of the order dated 16.9.2006 passed by Sub- Divisional Officer, Jhansi it transpires that the plot No. 1670 is recorded as a pond but the petitioners have got their name entered in the katauni fraudulently. After an enquiry this fact has transpired and a decision was taken for expunging their name from khatauni. While passing this order an opportunity of post decisional hearing was offered to the petitioners. Pursuant thereto a notice was issued to the petitioners on 22nd September, 2006 requiring their presence on 6.10.2006 before the Sub-Divisional Officer, Jhansi to produce the relevant materials in support of their case.

(2.) THE petitioners instead of appearing before the Sub-Divisional Officer, Jhansi have filed the present writ petition, in which this Court has stayed the operation of the order dated 16.9.2006 and further directed the respondent not to interfere in the possession of the petitioners.

(3.) FROM the perusal of the notice dated 16.9.2006 it transpires that the notice has been issued under Sections 33/39 of U.P. Land Revenue Act requiring the petitioners to produce the relevant material in support of their case. It is settled law that the proceeding under the U.P. Land Revenue Act are summary in nature and it do not decide any right or title of the parties and the writ petitions are not generally maintainable in such matters.