Shajid Ali vs Collector/D.M. Balrampur & Ors.
2021 Latest Caselaw 4629 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 
Case :- MISC. SINGLE No. - 8622 of 2021
 
Petitioner :- Shajid Ali
 
Respondent :- Collector/D.M. Balrampur & Ors.
 
Counsel for Petitioner :- Indrajeet Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Heard.

The petitioner challenges the order dated 11.11.2019 passed by the Collector/ District Magistrate in Case No.478/2019, under Section 122 of the U.P. Revenue Code, 2006 :State Vs. Hazira Begum.

Learned Standing Counsel has placed reliance upon the judgment rendered by this Court in Writ A No.5642 of 2012: Vijay Prakash Singh Vs. Union of India and others, wherein this Court after placing reliance upon the judgment of the Supreme Court has held that even if there is a denial of opportunity of hearing, if a statutory remedy is available, the same shall be first availed by the litigant, and thereafter only writ jurisdiction can be exercised as secondary review of the order initially passed by the administrative authority.

Learned Standing Counsel has pointed out sub-clause (3) of Section 122 as also sub-clause (5) thereof wherein it has been provided as follows:-

"(3) If the Bhumidhar or any other person lawfully entitled to the land claims it within a period of three years from the commencement of the agricultural year next following the date on which the Collector too possession thereof, it shall be restored to him on payment of dues, if any and on such terms and conditions as the Collector may think fit.

(5) Every order of the Collector under sub-section (4) shall be published in the manner prescribed, and shall, subject to the result of any suit under Section 144, be final."

It has been submitted that the petitioner having the statutory remedy should avail the same first.

This petition is disposed of with a direction to the petitioner to file his claim before the Collector under sub-clause (3) of Section 122. The Collector shall give post decisional hearing to the petitioner in case such claim is filed within two weeks from today. The Collector shall make available all necessary material including inquiry reports that were relied upon him in passing the impugned order to the petitioner and ask for an explanation.

It is clarified that since the Act does not require personal hearing to be given, the petitioner shall be given only one opportunity of personal hearing and the matter shall not be adjourned on any ground. In case the petitioner does not avail the personal hearing given by the Collector, no further dates for personal hearing shall be given. The Collector shall decide the matter within six months from the date of submission of reply/claim of the petitioner.

Order Date :- 25.3.2021

Rahul