Mairaj Uddin vs State Of U.P. And 3 Others
2021 Latest Caselaw 7201 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - C No. - 6754 of 2019
 

 
Petitioner :- Mairaj Uddin
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sunil Kumar,Dileep Chandra Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

The present petition has been filed with the following prayer:-

"(i) Issue a writ order or direction in the nature of mandamus, commanding the respondent No.3 to execute correction order dated 13.06.2018 pending before the SDM Sadar Agra/Respondent No.3."

The contention of the learned counsel for the petitioner is that the petitioner has been the owner and in occupation of the property in question. It is stated that in the year 1998 there was challenge to the title of the petitioner as such, Civil Suit No.328 of 1998 was filed for declaration in which a judgment was passed on 12.12.2008 declaring the petitioner as owner of the property in question. The said order dated 12.12.2008 attained finality. It is further stated that the dispute also arose in between the petitioner and the State of Uttar Pradesh as such, the petitioner filed another suit being Suit No.397 of 2011, which was decreed in favour of the petitioner on 20.09.2014 and the Appeal filed by the State against the said judgment dated 20.09.2014 being Civil Appeal No.148 of 2014 was also dismissed on 31.07.2015. It is further argued that despite the order passed in favour of the petitioner and being the owner of the property in question, the name of the grandfather of the petitioner was deleted from the revenue records as such, the petitioner moved an application for mutation of his name in the revenue records. It is stated that an inquiry was conducted and order was passed for carrying out necessary correction in the revenue records as it is clear from the perusal of report appended as Annexure No.6 to the writ petition. Grievance of the petitioner is that despite the said order no steps are being taken for correction in the revenue records. This court vide orders dated 26.02.2019 and 27.02.2020 had granted the learned Standing Counsel to file counter affidavit, however, no counter affidavit has been filed.

Considering the limited submissions made at the bar, the writ petition is disposed off with direction to the Respondent No.3, Sub Divisional Magistrate, Tehsil-Sadar, District Agra, to hear and decide the claim of the petitioner for mutation of his name in the revenue records on the basis of the documents available to the petitioner, as expeditiously as possible, preferably within a period of three months from the date of service of copy of this order.

The writ petition stands disposed off.

Copy of the order downloaded from the official website of this Court shall be treated as certified copy of the order.

Order Date :- 7.7.2021

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