Ram Surat Ram (Maurya), J. - (1.) HEARD Sri Arvind Srivastava, assisted by Sri Vikrant Gupta for the petitioner. This writ petition has been filed against the orders Sub -Divisional Officer dated 14.5,2012, directing to delete the name of the petitioner from the land in dispute and Additional Commissioner dated 28.11.2013, dismissing the revision of the petitioner, arising out of proceedings under section 33/39 of U.P. Land Revenue Act, 1901.
(2.) IT has been stated that Ram Chandar son of Banke Lal was recorded tenure holder of plots 562 (area 0.534 hectare) and 563 (area 0.164 hectare), situated in village Thothar, tahsil and district Rampur. Ram Chandar entered into an agreement to sell dated 25.3.1980 in favour of the petitioner of the aforesaid plots and delivered possession. On the basis of an agreement to sell, as well as possession over the land in dispute, the name of the petitioner was recorded over it. Tahsildar submitted a report that the name of the petitioner was recorded over the land in dispute without any order of competent authority. Previously name of Ram Chandar was recorded as non -occupancy tenant over the land in dispute. In khatauni 1415F, Lekhpal has wrongly recorded the name of the petitioner as bhumidhar of the land in dispute. On the aforesaid report, Sub -Divisional Officer, by an ex parte order dated 14.5.2012, directed to delete the name of the petitioner and record the land in dispute in the name of State of U.P. The petitioner filed a revision against the aforesaid order. Before the Revisional Court, the petitioner argued that the impugned order has been passed without giving any notice or opportunity of hearing. However, Revisional Court has held that as the entry of the name of the petitioner was a forged entry, as such, opportunity of hearing was not required to be given and dismissed the revision by order dated 28.11.2013. Hence this writ petition has been filed.
(3.) THE Counsel for the petitioner submitted that Ram Chandar was non -occupancy tenant of the land in dispute since before the date of vesting. Ram Chandar entered into an agreement to sell dated 25.3.1980 in favour of the petitioner and delivered possession over the aforesaid plots. On the basis of an agreement to sell, as well as possession over the land in dispute, the name of the petitioner was recorded over it. Entry has been expunged without giving opportunity of hearing to the petitioner. The orders of the revenue authorities are illegal and liable to be set aside.;