Sudhir Agarwal, J. - (1.) THE writ petition is directed against the order dated 8th November, 2007 passed by Tehsildar, Karvi recalling his ex parte order dated 21st May, 2005 and 12th July, 1998 so as to enable the parties to place their case before him and to pass a fresh order after affording opportunity of hearing to all concerned parties.
(2.) IT appears that earlier also challenging order dated 12th July, 1998, Petitioner approached this Court in Writ Petition No. 12894 of 2005 which was disposed of by this Court vide judgment dated 02.3.2005 with the following order: On 12.7.98 Tehsildar Karvi district Chitrakoot passed order to the effect that the name of Khatedar of Khata No. 35 should be scored off and the land shall be entered under Ziman -15/Abadi. Against the said order revision was filed before Board of Revenue Allahabad being Revision No. 47/02 -03 Rajesh Kumar v. State which was dismissed on 11.2.2005, hence this writ petition. Board of Revenue has mentioned that order passed by the Tehsildar is under Land Revenue Act hence appeal may be filed under Section 210 of the said Act. Board of Revenue dismissed the revision on the ground of non -maintainability. Explanation for delay in filing revision before Board of Revenue was that Petitioner was not aware of the order impugned therein. From perusal of order dated 12.7.98 it is clear that the order was passed without issuing notice or hearing the Petitioner. In Civil Misc. Writ Petition No. 14 of 2005 decided on 5.1.05 I have held that name of a person cannot be deleted from revenue record without hearing him. Accordingly writ petition is disposed of with the liberty to the Petitioner to file application for post decisional hearing and recall of order dated 12.7.98 before Tehsildar concerned. Along with the said application such documentary evidence which Petitioner considers necessary shall be annexed. If such an application is filed within one month from today, Tehsildar shall decide the same on merit. Tehsildar must pass a reasoned order. If Tehsildar comes to the conclusion that his earlier order dated 12.7.98 is not correct then he must set aside the same otherwise it shall be maintained. With the aforesaid observation writ petition is disposed of. Pursuant to the said direction, Petitioner's application has been considered by Tehsildar, Karvi and he has recalled its ex parte order dated 12th July, 1998 and 21st May, 2005 restoring revenue entries as it were before the said orders and has given opportunity of hearing to all concerned parties by publication of notice in the newspaper also so as to pass order afresh.
(3.) LEARNED Counsel for the Petitioner submitted that so far as title of the Petitioner is concerned, it was already decided in his favour by Civil Court in Original Suit No. 182 of 1998 (Rajesh Kumar v. Chitrakoot Dham Nagar Palika Parishad Karvi and Anr.) wherein issue No. 1 relating to the title was decided in favour of the Petitioner.;