Sadhu vs State Of U.P. Thru Secy. And 8 ...
2023 Latest Caselaw 25916 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:184655
 
Court No. - 52
 

 
Case :- WRIT - C No. - 15028 of 2017
 

 
Petitioner :- Sadhu
 
Respondent :- State Of U.P. Thru Secy. And 8 Others
 
Counsel for Petitioner :- Brijendra Kumar Srivastav,Bhagwan Dutt Pandey
 
Counsel for Respondent :- C.S.C.,Kashi Nath Shukla,Ram Awadh Maurya,Ram Bilas Prasad,Sneh Ranjan Shukla
 

 
Hon'ble Saurabh Srivastava,J.

1. Heard Sri B.D.Pandey, learned counsel for the petitioner and learned standing counsel for the State respondents.

2. Through this writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 9.10.2013 passed by the Commissioner Gorakhpur Division Gorakhpur, respondent no.3 in Revision No. 29/298A/M- 2010 (Sadhu and others vs. Jai Ram and others) and the order dated 1.4.2010 passed by the Collector/District Magistrate, Maharajganj, respondent no.2 in Case Nos. 30 and 37 under section 122-C(6) of the U.P. Zamindari Abilition and Land Reforms Act, 1950 read with Rule 115 of the Rules framed under the Act.

3. Vide order dated 1.4.2010 the Collector Maharajganj has cancelled the lease of the housing site of the petitioner along with other allottees. Aggrieved by this order a revision was filed by some persons. Revision No. 29/298A/M-2010 (Sadhu and others vs. Jairam and others) was filed but the aforesaid revision was dismissed by the order dated 9.10.2013.

4. Assailing this order one Mohd. Moteen has filed Writ -C No. 64355 of 2013 (Mohd. Moteen vs. State of U.P. and others). This Court vide order dated 26.11.2013 has allowed the writ petition with the following observation:

"The petitioner according to the grounds of revision which have been filed as Annexure 13 to the writ petition has raised the submissions categorically. The revisional court without entering into the same has cursorily dismissed the revision and, therefore, there is a total non-consideration of the objections raised by the petitioner at the stage of the Collector as also at the stage of revision.The orders impugned dated 9.10.2013 and 1.4.2010 are, therefore, unsustainable in so far as it relates to the claim of the petitioner."

5. As the petitioner also stand on the same footing for the reason given in the judgment and order dated 26.11.2013 passed by this Court in Writ -C No. 64355 of 2013 (Mohd. Moteen vs. State of U.P. and others) this writ petition also succeeds and is allowed. The impugned orders dated 1.4.2010 and 9.10.2013 are hereby quashed.

6. The petitioner is at liberty to file his objection before the Collector concerned and the Collector concerned is directed to pass appropriate order considering the petitioners' case along with the other persons in case pursuant to the order dated 26.11.2013 the final decision has yet not been taken. In case final decision has been taken the petitioners' case shall be considered independently.

Order Date :- 22.9.2023

Shaswat