RAM SURAT RAM (MAURYA), J. - (1.) HEARD Sri Shiv Naresh Singh, for the petitioners and Standing Counsel, for State of U.P.
(2.) THE writ petition has been filed against the orders of the Collector, dated 09.12.1999, directing to delete, entry of column -9 in favour of the petitioners from plots 529 (area 0 -5 -0 bigha), 544 (area 0 -4 -0 bigha), 550 (area 0 -4 -0 bigha) and 2671 -kha (area 2 -0 -0 bigha) of village Mahugarh, tappa Upraudh, tahsil Lalganj, district Mirzapur, from khatauni 1407 F - 1412 F and Board of Revenue, U.P. dated 31.03.2014, dismissing the revision of the petitioner.
(3.) IT is alleged that the petitioners were in cultivatory possession of the land in dispute since 1368 F. During partal, Lekhpal recorded possession of the petitioners in khasra. After verification, Revenue Inspector has recorded the names of the petitioners in column -9 of khatauni 1407 F - 1412 F. On a complaint made on Tahsil Diwas, the Collector without giving any opportunity of hearing and without conducting any inquiry, directed to delete entry of column -9 in favour of the petitioners from the land in dispute. The petitioners filed a revision (registered as Revision No. 26 of 2000 -01) against the aforesaid order, which was dismissed by Board of Revenue, U.P. by order dated 31.03.2014, holding that the revision was not maintainable. Hence this writ petition has been filed. The counsel for the petitioners submitted that the impugned order has been passed without giving any opportunity of hearing to the petitioners and without holding any inquiry. Lekhpal, in discharge of his statutory duties, found possession of the petitioners over the land in dispute during partal. Accordingly, entry in this respect was made in khasra. Revenue Inspector after verifying the fact, recorded entry relating to possession of the petitioners in column -9 of the khatauni. Such an entry was not liable to be deleted by the Collector. In any case, the Collector passed the order without giving any opportunity of hearing. Similar orders of the Collector have been set aside by this Court in Writ -C No. 66311 of 1999 Ram Pal Vs. State of U.P. decided on 05.12.2009 and Writ -C No. 43434 of 2001 Sukhraj Vs. State of U.P., decided on 08.09.2011.;