JUDGEMENT
Ran Vijai Singh, J. -
(1.) HEARD Sri Shafi Ullah, learned Counsel for the petitioner, learned Standing Counsel for the State respondents and Sri A.K. Umrao holding brief of Sri M.N. Singh, learned Counsel for the Gaon Sabha. This writ petition has been filed with the following prayers: - -
(i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 14.2.2000 passed by respondent No. 2 (Annexure No. 4 to the writ petition) expunging the name of the petitioner namely Ganga Dei from plot No. 21 area 0.190 hectare of the said village.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2 to restore the name of the petitioner Ganga Dei over the plot No. 21 area 0.190 hectare in the aforesaid village.
(iii) Issue any other suitable writ, order or direction which this Hon'ble Court find fits and appropriate under the facts and circumstances of the case.
(iv) Award the cost of the present writ petition to the petitioner.
(2.) THE submission of learned Counsel for the petitioner is that the name of the petitioner has been expunged from the revenue record ex -parte. It is also contended that while passing the order, neither any opportunity was offered to the petitioner nor the order contains any reason. Learned Standing Counsel as well as Counsel for the Gaon Sabha state that the petition suffers from laches and it deserves to be dismissed.
(3.) FROM the perusal of the order, it is apparent that the order is not only exports but it is cryptic also. The petitioner has brought on record various orders passed by this Court in number of writ petitions, where the writ petitions have been allowed, against the same order by which it appears the entries of number of tenure holders have been found to be forged. Otherwise also, the order suffers from breach of principle of natural justice. But considering the facts, the order has been passed almost 14 years back, third party right may have been created, therefore I am not inclined to quash the order.;
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