HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 5337 of 2020 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-Respondents. 2. The petitioner has preferred the present writ petition inter-alia with the following prayer:- "a) call for record of the case and issue a writ, order or direction in the nature of certiorari quashing letter/order dated 22.11.2019 (contained Annexure No.11 to the writ petition passed by the Assistant Inspector General (Registration), the Respondent No.3) and order dated 06.06.2018 (contained in Annexure No.9 to the writ petition passed by the District Magistrate, the Respondent No.2). (b) issue a writ, order or direction in the nature of mandamus commanding the respondents and their subordinates etc. not to initiate any proceeding or pass any order on the basis of aforesaid impugned orders." 3. The learned counsel for the petitioner submits that she is having interest in the land in dispute which was erstwhile recorded as Gata No.30 of Khata No.407. However, by an arbitrary and illegal order dated 6.6.2018, the District Magistrate has directed stopping of registration of sale-deeds. It is submitted that the District Magistrate do not have any such powers. It is further submitted that although the petitioner submitted his representation to Versus Counsel for Petitioner(s) : Alok Tiwari, Ramendra Asthana Counsel for Respondent(s) : C.S.C. Mohini Devi .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) the respondent no.2 i.e. the District Magistrate but the same has not been considered and subsequently by order dated 22.11.2019, the Assistant Inspector General (Registration), Pilibhit/respondent no.3 informed the petitioner to get the revenue records corrected. It is thus stated that on the strength of totally illegal and arbitrary manner, the property rights of the petitioner has been affected. 4. Per contra, learned Standing Counsel submits that the land in question is recorded as class: 6-2 under the U.P. Revenue Code and is non agricultural land and has been reserved for public purpose described under Section 77 of U.P. Revenue Code, 2006 and, therefore, no bhoomadhari rights could accrue and this was the reason for passing of the order impugned. 5. From the perusal of the order dated passed by the respondent no.3/District Magistrate, it is clear that the proceedings have been initiated on some complaint made during Jan Sunwai and there is no recital about any notice or opportunity to have been provided to the petitioner. Even the representation filed as annexure no.10 to the petition has not been considered by the respondents. 6. The Supreme Court in the case of Krishnadatt Awasthy vs. State of M.P. and others, reported in (2025) 7 SCC 545 in paragraph no.68 has held as under:- "68. The principle of audi alteram partem is the cornerstone of justice, ensuring that no person is condemned unheard. This principle transforms justice from a mere technical formality into a humane pursuit. It safeguards against arbitrary decision- making, and is needed more so in cases of unequal power dynamics. 7. In view of the aforesaid and in the interest of justice, it is deemed appropriate that an opportunity of hearing be provided to the petitioner. Thus without entering into the merits of the matter, liberty is granted to the petitioner to represent afresh before the respondent no.3 ventilating her grievances along with all supporting documents and copy of this order within a period of four weeks from today. In the event such a representation is made, respondent no.3 The Assistant Inspector General (Registration), WRIC No. 5337 of 2020 2 Pilibhit would consider the same after giving opportunity to all concerned and pass a reasoned and speaking order within further period of six weeks. 8. The orders impugned in the petition shall be subject to the final outcome of the orders passed by respondent no.3. 9. With the aforesaid observations the present petition is finally disposed of. 10. No order as to cost. October 15, 2025 Gaurav Kuls WRIC No. 5337 of 2020 3 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad