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2025 DAILYLAW 189691 (ALL)

KUMAR PAL SINGH v. THE STATE OF U.P. AND 3 OTHERS

WRIB/2583/2025 · 2025-09-22

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 2583 of 2025 Court No. - 50 HON'BLE AJAY BHANOT, J. Shri R.P. Mishra, learned counsel appears for the petitioner. The impugned order dated 16.11.2018 passed by the Consolidation Officer, Chharra, Atrauli, Aligarh expunged the name of the petitioner from the revenue records. The said order was ex parte to the petitioner. The pleadings in regard to the violation of the principles of natural justice and lack of opportunity of hearing taken by the petitioner in the writ petition have not been denied in the counter affidavit. In the wake of the preceding discussion, this Court finds that the impugned order 16.11.2018 was passed in violation of principles of natural justice. The substantive rights of the petitioner have been adversely affected by the impugned order dated 16.11.2018. The prejudice caused to the petitioner by non compliance of the principles of natural justice is beyond recall. The appellate authority as well as revising authority failed to redeem the illegalities committed by the initial authority. In this wake, the impugned order dated 16.11.2018 passed by the Consolidation Officer, Chharra, Atrauli, Aligarh and the order dated 21.04.2025 passed by the Deputy Director of Consolidation, Aligarh are quashed. The matter is remitted to the Consolidation Officer, Chharra, Versus Counsel for Petitioner(s) : R.P. Mishra Counsel for Respondent(s) : C.S.C., Krishna Kant Singh Kumar Pal Singh .....Petitioner(s) The State Of U.P. And 3 Others .....Respondent(s) Atrauli, Aligarh with the following directions: 1. The Consolidation Officer, Chharra, Atrauli, Aligarh shall hear all the necessary parties including the petitioner and pass a fresh order in accordance with law. II. All parties are directed to cooperate in the proceedings before the Consolidation Officer, Chharra, Atrauli, Aligarh. III. Considering the long pendency of the controversy, the Consolidation Officer, Chharra, Atrauli, Aligarh is directed to decide the matter within a period of six months from the date of receipt of a certified copy of this order. The writ petition is allowed to the extent indicated above. September 23, 2025 Ashish Tripathi WRIB No. 2583 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad