Allahabad High Court
Asha Agarwal vs State Of U.P. And 3 Others on 22 December, 2023
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2023:AHC:243069
Reserved on 03.08.2023
Delivered on 22.12.2023
Court No. - 52
Case :- WRIT - C No. - 21316 of 2023
Petitioner :- Asha Agarwal
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Arpit Agarwal
Counsel for Respondent :- C.S.C.,Sher Bahadur Singh
Hon'ble Saurabh Srivastava,J.
1. Heard Sri Arpit Agarwal, learned counsel for petitioner and Sri Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel for the State-respondent nos.1 and 2 as well as Sri Om Prakash, Advocate holding brief of Sri Sher Bahadur Singh, learned counsel for respondent no.3 i.e. Gram Sabha.
2. The present petition has been filed seeking the following relief:-
"i. Issue a writ, order or direction in the nature of Certiorari for quashing the impugned judgment and order dated 16.03.2023 passed by the learned Additional Commission (Admn.) Bareilly Division Bareilly, in Revision No.495 of 2021 (Asha Agarwal Vs. Mangli Prasad and others) whereby rejecting the revision filed by the petitioner and also the judgement and order dated 15.07.2021 passed by the learned Sub-Divisional Officer, Bisalpur, District Pilibhit, in Case No.6148 of 2016 whereby the impleadment application filed by the respondent no.4 was illegally allowed.
ii. Issue a writ, order or direction in the nature of Mandamus whereby commanding the respondent authorities to refrain themselves from further disturbing the peaceful possession of the petitioner over the house in dispute."
3. It is the case of the petitioner that she is the owner having bhumidhari with transferable rights over plot no.159 area 0.660 hectare, situated at Mohalla Habibulla Khan Shumali, Tehsil Bisalpur, District Pilibhit, due to some mistake on the part of responding authorities, area of plot no.159 has wrongly been mentioned as 0.520 hectare instead of 0.660 hectare. For correction of the same, petitioner instituted a suit before Sub Divisional Officer Bisalpur, District Pilibhit bearing Case No.6148 of 2016, Computerized Case No.T2016125614026148 (Asha Agarwal Vs. Special Land Acquisition Officer and others), under Section 144 of U.P. Revenue Code, 2006 (in short 'Code'). During pendency of the said case, respondent no.4 filed an application dated 26.12.2017 for seeking impleadment in the said case, being aggrieved with the same, petitioner preferred her objection against the impleadment application filed by respondent no.4. Sub Divisional Officer Bisalpur, District Pilibhit without considering the objection preferred by petitioner, allowed the impleadment application preferred by respondent no.4 vide order dated 15.07.2021.
4. Being aggrieved with the order dated 15.07.2021, petitioner preferred a revision before Additional Commission (Admn.) Bareilly Division Bareilly bearing Revision No.495 of 2021, Computerized Case No.202112000000495 and the same was dismissed vide order dated 16.03.2023 whereby affirmed the order dated 15.07.2021 passed by Sub Divisional Officer Bisalpur, District Pilibhit which impugned the present petition.
5. Learned counsel for petitioner submitted that by means of sale deed dated 20.01.2014, respondent no.4 had transferred all his rights or interest in favour of petitioner and as such, impleadment application filed at his behest was not maintainable and Sub Divisional Officer Bisalpur, District Pilibhit, without considering the objection preferred by petitioner by allowing the same, has committed manifest error of law and the same error has also been committed by revisional authority.
6. Sri Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel for the State-respondent nos.1 and 2 as well as Sri Om Prakash, Advocate holding brief of Sri Sher Bahadur Singh, learned counsel for respondent no.3 i.e. Gram Sabha vehemently opposed the prayer as made in the petition and rebutted the stand taken up by learned counsel for petitioner by submitting that Sub Divisional Officer Bisalpur, District Pilibhit has only decided the impleadment application preferred by respondent no.4 in Case No.6148 of 2016 but the said case is pending to be decided finally.
7. Be that as it may, without entering into the merits of the matter, Sub Divisional Officer Bisalpur, District Pilibhit is hereby directed to consider and decide Case No.6148 of 2016, Computerized Case No.T2016125614026148 (Asha Agarwal Vs. Special Land Acquisition Officer and others), under Section 144 of U.P. Revenue Code, 2006 preferred by the petitioner, as expeditiously as possible, preferably within a period of six months from the date a certified copy of this order is produced before him.
8. With the aforesaid directions, the writ petition is disposed of.
Order Date :- 22.12.2023
Vivek Kr.
(Saurabh Srivastava,J.)
