HARI KRISHNA Vs. STATE OF U P

JUDGEMENT

(1.) Aggrieved by the order dated 6.9.2018 passed by the Sub Divisional Officer, Bansgaon, District- Gorakhpur, by which the entries in favour of the petitioner over plots no. 1534, area 2.5740 hectare, 1572 area 1.4410 hectare and 1570 (ka) area 0.995 hectare were removed and the land was entered as that of the State, the instant writ petition has been filed.

(2.) Learned counsel for the petitioner Sri M.D. Singh Shekhar, Senior Advocate, assisted by Sri R.D. Tiwari, states that after orders were passed by the Consolidation Authorities on 13.3.1989 in case no. 507/508, the name of the petitioner was mutated in the revenue record as per the direction of the Consolidation Officer under Rule 109 of the Consolidation of Holdings Rules on 5.10.1991 and further thereafter the revenue entries continued to contain the name of the petitioner. Learned counsel for the petitioner further stated that plots no. 394M area 0.0550 hectare, 869M area 0.0600, 893M area 0.0240 hectare and 1228M area 0.1080 hectare which were also in the ownership of the petitioner, of course, without any order of the Consolidation Authorities had continued to be entered in the name of the petitioner in the khatuanies till the time they were removed.

(3.) The petitioner upon coming to know about the deletion of his name from the khataunis for the year 1424F to 1429F complained the matter and upon an enquiry the Naib Tehsildar and the Tehsildar, in fact, corrected the revenue entries by their orders dated 25.4.2018 and 26.5.2018. However, despite the correction of the revenue entries, when by the impugned order dated 6.9.2018, which was passed under Section 38(1) of the U.P. Revenue Code, 2006, the name of the petitioner was removed in the pretext of correction of revenue entries, he approached this Court. The filing of the writ petition was preceded by a complaint to the Additional Commissioner (Administrative) Gorakhpur Madal, Gorakhpur.