Bhullan vs Collector Budaun and Others

B. Dikshit, J.—This writ petition is directed against an order passed by the Collector Budaun dated 1 71997.

Heard counsel for petitioner, learned standing Counsel for Gaon Sabha Sri V K. Singh, Advocate. In proceeding under Section 122B of U.P. Zamindari Abolition and Land Reforms Act (in short Act''), the Tehsildar/Assistant Collector 1st Class Bisauli, District Budaun by order dated 2841994, directed the ejectment of petitioner from plot No. 307 area three biswas, village Ugaithi Garvi Pargana Koth, Tehsil Sahsawan, District Budaun. The order was passed after providing opportunity of hearing to petitioner. The petitioner preferred revision under Section 122B (4A) of the Act which has been dismissed by Collector. The Collector dismissed the revision holding that the petitioner has come in revision earlier also, the collector, being guided by the fact that notice is of the year 1991, observed that the report giving rise to proceeding is of the year 1991 and the petitioner has avoided dispossession due to continuance of proceedings. As the order of dismissal of revision cannot be sustained on merits merely on perusing the order, it is not necessary to grant time to counsel for opposite parties for counteraffidavit. The order of revision is patently erroneous. The revisional remedy under Section 122B (4A) of the Act is a statutory remedy where the Collector has to decide the revision on its own merits. He could not have refused relief merely for the reason that the report is of the year 1991 and the petitioner has avoided ejectment by continuance of proceedings. Under law he was required to examine revision on merits and see that if any case was made out for interference in revisional jurisdiction. He did not do it. He did not go into merits of the matter. He was not justified in dismissing the revision by making aforesaid observations. Under law it was obligatory for him to dispose of the revision on merits. The order is bad for said reason. For aforesaid reasons the writ petition is allowed and the order dated 171997 passed by Collector Budaun is quashed. The Collector Budaun is directed to register the revision again and dispose of the same on merits after providing opportunity of hearing to petitioner. The operation of the order dated 2841997 shall remain stayed during the pendency of revision provided the petitioner produces certified copy of this order before the Collector Budaun within 10 days. In case he fails to produce certified copy of this order before the Collector Budaun within said period then the stay order shall automatically stand vacated.

A certified copy of this order be given to counsel for parties on payment of usual charges within 3 days.