Binod Kumar Ray, M.P.Singh, JJ. - (1.) The petitioners have come up with a prayer to quash the order dated 10.7.1997 (as contained in Annexure-1) passed by the Parganadhikari, Chhibaramau (respondent No. 2) in Case No. 1 of 1997 under Section 167. U.P.Z.A. and L.R. Act.
(2.) A perusal of the impugned order shows that it was passed in the background that even though the petitioners in the sale deed have described themselves as belonging to Scheduled Caste, the villagers told about them that they are 'Thakur' by caste and do not belong to Scheduled Caste and a notice by registered post sent on 27.3.1997 to them to produce document showing that they belong to Scheduled Caste has proved futile as they have not produced any evidence/Certificate and hence the proceeding is decided ex parte holding their sale deed as void.
(3.) On 25.7.1997, the Court had passed the following order : "Standing counsel is granted one month's time to file counter-affidavit. List in the week commencing 1st September, 1997. In view of the allegation in paragraph 14 of the writ petition that the impugned order was passed without giving opportunity of hearing to the petitioner, we stay the operation of the impugned order dated 10.7.1997 but we leave it open to the authority concerned to pass a fresh order after giving opportunity of hearing to the petitioner.";