Abdul Wahid & Others vs Sachiv, Rajasva Uttar Pradesh ...
2014 Latest Caselaw 3574 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- WRIT - C No. - 20832 of 2008
 

 
Petitioner :- Abdul Wahid & Others
 
Respondent :- Sachiv, Rajasva Uttar Pradesh Shashan Sachivalaya & Others
 
Counsel for Petitioner :- Anil Kumar Singh,Aradhana Chauhan,Rakesh Kumar Pathak
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Heard Sri Gaurav Pratap Singh holding brief of Sri Anil Kumar Singh, learned counsel for the petitioners and learned Standing Counsel.

By means of present writ petition, the petitioners challenge orders dated 4.12.1998 and 27.3.2002 passed by the Sub Divisional Officer, Nagina, Bijnor and the Additional Commissioner(Judicial), Moradabad Division, Moradabad.

The claim of the petitioners is that they are landless labourers and the land in question was allotted to them as 'Asami' and they have been continuing in  possession and cultivating the same. A recommendation dated 5.8.1997 was made in their favour on the application moved by them, to confer the rights of Non-transferable Bhumidhar. Despite the said recommendation, on the basis of report of Tehsildar, Nagina, Bijnor, the Sub Divisional Officer passed the  order dated 4.12.1998 whereby the allotment of 'Asami' patta was cancelled.

The revisional authority after perusal of the order impugned 4.12.1998, set aside the same and remanded the matter back to the Sub Divisional Officer to decide afresh after giving an opportunity of hearing to the petitioners and the concerned persons.

As the order dated 4.12.1998 was set  aside by the revisional authority and by  the order dated 27.3.2002, the matter has been remanded back,  hence this Court does not find any good ground to interfere in the same. However, it is directed that the Sub Divisional Officer, Nagina shall decide the matter as early as possible, if the same has not yet been decided.

With the observations made above, the writ petition is dismissed.

Order Date :- 24.7.2014

P.P.