BIRI Vs. DISTRICT MAGISTRATE MUZAFFARNAGAR

JUDGEMENT

(1.) SRI Sanjay Misra appears for the petitioner and learned Standing Counsel in person by the consent of both the parties this Writ Petition is finally disposed of today itself.

(2.) THE short facts in this petition are that the petitioner was granted Patta, which are Annexures 4 and 5 on her representation that she was a landless person of backward class. THEse pattas are dated 4-7- 1995 Annexure 4 and dated 4-12-1996, Annexure 5 in respect of agricultural land. THE said pattas have now been cancelled by the impugned order dated 13-8-1998 passed by the Executive Engineer, Lower Division, East Yamuna Canal, Muzaffarnagar on the basis of the letter, dated 29-6-1998 from the Zila Adhikari. THE said letter is annexed as Annexure No. 15 to the writ petition. In this letter the Zila Adhikari, Muzaffarnagar has directed the Executive Engineer aforesaid, to cancel the patta on the ground that it has been made treating her to be a widow whereas she had remarried. THE main ground on which the aforesaid orders passed by the Executive Engineer and the District Magistrate have been challenged is that no opportunity of hearing has been granted to the petitioner before passing the impugned order by the Zila Adhikari.

(3.) LET a copy of this order be issued to the petitioner within three days from today on payment of usual copying charges. There shall be no orders as to costs. Petition allowed. .