Girand Singh v. State of U.P. and 3 Others

Court No. - 34

Case :- WRIT - C No. - 22531 of 2024 Petitioner :- Girand Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Srivastava Iii Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C.

Hon'ble Manish Kumar Nigam,J.

1. Heard learned counsel for the parties and perused the record.

1. This writ petition has been filed seeking following relief :-

"i) issue a writ, order or direction including a writ in the nature of CERTIORARI calling for the record and quashing the order dated 29.11.2023 (Annexure No. 1) passed by the respondents no. 2 namely Additional Commissioner, Agra Division, AGra in revision no. 00876 of 2018 (Computer Case no. C201801000000876) as well as the order dated 20.11.2017 (Annexure No. 2) passed by the Additional District Magistrate (Judicial) Mainpuri, under Section 198 (4) of the U.P.Z.A. & L.R. Act, 1950.

ii) issue a writ, order or direction including a writ in the nature of MANDAMUS commanding the respondent not to dispossess the petitioner from the plot no. 1118Kha situate at Village Naseerpur, Pargana and Tehsil Ghiror, District Mainpur and maintain status-quo."

1. Contention of learned counsel for the petitioner is that petitioner was granted patta in the year 1976. In suo moto , the proceedings initiated in the year 2011, an order has been passed on 20.11.2007, without issuing any notice to the petitioner and the patta was cancelled, against which, revision was filed wherein detailed objections have been taken by the petitioner as to the violation of principles of natural justice as well as to the question of limitation apart from other objections. The revision filed by the petitioner has been dismissed by the order impugned dated 29.11.2023. There is no finding by the Revisional Court on the question of limitation as well as on the question of notice and other grounds which are taken. It has been further stated by learned counsel for the petitioner that petitioner is still in possession (para 18 of the writ petition).