The Allahabad High Court, while quashing the orders passed by Additional Commissioner and others, observed that the government officials like Collector and Additional Commissioner are not expected to blindly follow the actions of junior staff, which harass the vulnerable section of society.
In the instant case, a piece of land had been purchased by the petitioner, upon the approval of Sub-Divisional Officer in the year 2007, and from then, his name had been mutated in the revenue records.
However, after seven years, the Naib Tehsildar, upon Gaon Sabha’s application, recalled the order of mutation without giving the petitioner “opportunity to be heard.” In furtherance to this, Collector of Muzaffarnagar, in the year 2015, had held that the petitioner had lost his rights over the land.
The petitioner’s misery continued when the revisional court, presided by Additional Commissioner, rejected the application without considering the grounds raised by the former.
The court observed that both, Collector as well as Additional Commissioner, did not pay heed to the fact that the proceedings which had been initiated against the petitioner, amounted to gross violation of principle of natural justice.
The court highlighted that such “blind orders”, passed by the District Authorities, shook the conscious of judiciary. The court added that their actions caused harassment to poor people; ones which granted the permission and upon lapse of seven years, withdrew the permission without abiding to principles of natural justice.
The court quashed the orders passed by the District Authorities and remitted the matter to be heard by Naib Tehsildar. It directed the authority to pass an order afresh, by duly considering the submissions of concerned parties.
The court further directed the Collector of Muzaffarnagar to initiate an inquiry against then Naib Tehsildar, who had withdrawn the permission by one stroke of the pen.
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