Rajesh Dayal Khare, J. - (1.) HEARD learned Counsel for the Petitioner, learned Standing Counsel who has accepted notices on behalf Respondents No. 1 to 5 and Sri. Mahesh Narain Singh, learned Counsel for the Gaon Sabha -Respondent No. 6.
(2.) THE present writ petition has been filed for issuance of a writ of certiorari quashing the order dated 08.10.2009 passed by the Sub -Divisional -Officer, Tehsil Bisalpur, District Pilibhit, the Respondent No. 3 as well as the order dated 25.01.2011 passed by the Additional Commissioner (Administration), Bareilly Division, Bareilly, the Respondent No. 5 (Annexures No. 1 and 2 to the writ petition respectively). It is contended by learned Counsel for the Petitioner, that the Petitioner who is an Ex -Army Man, was granted Assami Patta on 05.04.1966 by the Land Management Committee, pursuant to which, his name was also mutated in the revenue records in column No. 3 and all of a sudden the Respondent No. 2 submitted its report on 30.12.2005, for ejectment of the Petitioner from the leased land, copy of which was not served upon the Petitioner and without giving any copy of the plaint, the Respondent No. 3 passed the order dated 08.10.2009 whereby expunging the name of the Petitioner from the revenue records as well as for ejectment of the Petitioner by cancelling the lease. It is further contended that the Petitioner filed a recall application, which was allowed and since the Petitioner was not given any report, copy of the plaint, therefore the Petitioner could not file his written station and relying totally on the report of the concerned Tehsildar, the order dated 08.10.2009 was passed for cancelling the lease of the Petitioner against which the Petitioner filed a revision No. 4 of 2009 -10 before the Respondent No. 5 which was also dismissed by an order dated 25.01.2011 in an illegal manner. It is thus contended that the orders impugned have been passed without granting any opportunity of hearing to the petition.
(3.) THE main contention of learned Counsel for the Petitioner is that the proceedings undertaken against the Petitioner for cancellation of his Assami lease should have been undertaken after giving an opportunity of hearing to the Petitioner and in this case, the same has not been done, therefore, the orders impugned cannot be sustained, which is in gross violation of the principles of natural justice and the long standing entries should not be expunged in an ordinary and summary manner Learned Counsel in his contention also relied upon the judgment rendered in the case of Chaturgun v. State of U.P. reported in : 2005 (1) RD 244 in support of his contention.;