Brijraj And 26 Others vs State Of U P And 3 Others
2023 Latest Caselaw 3285 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?
 

 
Court No. - 39
 

 
Case :- WRIT - C No. - 40679 of 2018
 

 
Petitioner :- Brijraj And 26 Others
 
Respondent :- State Of U P And 3 Others
 
Counsel for Petitioner :- Akhilesh Tripathi
 
Counsel for Respondent :- C.S.C.,Panchu Ram Maurya,Shamsher Bahadur Maurya
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Vipin Chandra Dixit,J.

Heard Sri Akhilesh Tripathi, learned counsel for the petitioners, Sri Panchu Ram Maurya and Sri Shamsher Bahadur Maurya, learned counsel for the respondent no.4 and learned Standing Counsel for the State respondents.

The petitioners herein (27 in numbers) seeks to challenge the order dated 28.8.2017 passed by the Special Land Acquisition Officer (Joint Organization), Varanasi, which is appended as Annexure-'15' to the writ petition and finds place at page '104' of the paper book. The challenge to the order impugned is based on the claim of the petitioners herein for compensation of Gata No.288, which was paid to respondent no.4, namely, Smt. Lalli Devi wife of Rammurat, resident of Mauja Hridaypur, Pargana Shivpur, Tehsil Sadar, District Varanasi. The petitioners herein submit that the predecessor-in-interest of the petitioners namely Ram Khelawan had filed a partition suit in the court of Munsar Haveli, Benaras being Original Suit No.455 of 1927 (Ram Khelawan Vs. Budhiram and others). The predecessor-in-interest of respondent no.4, namely, Padarth was arrayed as defendant no.85 in the said suit. The said suit pertain to different properties including the property in question which is the subject matter of dispute in the present case, namely, Gata No.288.

It is argued that the judgment and decree dated 15.9.1928 was passed with respect to the property in question, namely, Gata No.288. The copy of decree is appended as Annexure-'2' to the writ petition. It is further contended in the writ petition that the predecessor-in-interest of the respondents filed their objection to the claim of predecessor-in-interest of the petitioners but thereafter they did not press the same.

It is further argued that after coming into operation of the U.P. Zamindari Abolition and Land Reforms Act, 1950, the predecessor-in-interest of the petitioners were recognized/recorded as Sirdars over the land in question. They have deposited 10 times of the rent of the property and were recorded as Bhumidhars with transferable rights. In the meantime, one Keshav and Panna sons of Padarth in collusion of the then Supervisor Kanungo got their names recorded in the revenue record in Column No.9. The entries in the name of those persons is appended as Annexure-'4' to the writ petition. It is then argued that one Pyare Lal and others filed a suit under Section 229-B alleging inter alia that the names of Keshav and Panna were wrongly recorded in the revenue record with respect to the plot nos.357 and 364/2 situated at Mauja Singhpur, Pargana Shivpur, District Varanasi. The said suit was registered as Suit No.270/1326 of 1973 and has been decided by the judgment and decree dated 20.2.1978 which is appended as Annexure-'5' to the writ petition. It is argued that the petitioners herein aggrieved against the rejection of suit, had filed an appeal wherein the judgment and decree dated 20.2.1978 was set-aside and the suit was decreed in favour of the petitioners vide judgment and order dated 7.4.1994. The order passed by the appellate court is appended as Annexure-'6' to the writ petition which is at page '62' of the paper book. It is then argued that Keshav and Panna had illegally executed a will deed dated 29.12.1981 in favour of the respondent no.4, namely, Smt. Lalli Devi though they had no power to execute the will deed in view of Section 170 of U.P.Z.A. and L.R. Act. Smt. Lalli Devi filed a recall application dated 28.9.1994 for recall of the order dated 7.4.1994 which was dismissed on 12.9.2005. The order dated 7.4.1994 was assailed before the Board of Revenue. Having lost therein, a Writ Petition No.28236 of 2001 has been filed, which was dismissed vide order dated 26.2.2022.

The contention is that the predecessor-in-interest of the respondent no.4, namely, Keshav and Panna, whose names were illegally recorded in the revenue record, had no right to execute the will as the entry in their favour was forged and fabricated.

The petitioners then moved an application for mutation of their names in terms of the order dated 7.4.1994 passed by the appellate court and vide order dated 19.5.2003 the names of the petitioners were directed to be recorded in the revenue record and parwana was issued on 6.2.2006. A recall application was filed by the respondent no.4 against the order dated 19.5.2003/6.2.2006 and vide order dated 9.11.2017 the recall application was allowed and the case was restored to its original number. Though it is not stated in the writ petition but the learned counsel for the petitioners submits that the revision filed by the petitioners against the order dated 9.11.2017 is pending consideration before the competent court. The name of Smt. Lalli Devi, namely, the respondent no.4 was again restored in the revenue record vide order dated 28.10.2016. A recall application has been filed by the petitioners which has been allowed vide order dated 28.3.2017. An appeal filed against the order dated 28.3.2017 is pending before the Additional Commissioner (Administration), Varanasi.

During the course of litigation as noted above, the land in question had been acquired vide notification issued on 8.2.2003 and 29.10.2003, under Sections 4 and 6 of the Land Acquisition Act; respectively and award dated 1.1.2016 has been passed determining the compensation. On the application moved by Smt. Lalli Devi payment of compensation with regard to the land in question has been made to the respondent no.4 on the basis of the will deed dated 31.12.1981.

In various paragraphs of the writ petition it is sought to be submitted by the learned counsel for the petitioners that once the suit under Section 229-B of U.P.Z.A. and L.R. Act, 1950 filed by the predecessor-in-interest of the petitioners had been decreed vide judgment and order dated 7.4.1994 with respect to the Gata No.288, there was no occasion for the competent authority to disburse the compensation in favour of the respondent no.4.

On a query made by this Court as to whether the plot no.288 was subject matter of decree dated 7.4.1994, no plausible answer could be given by the learned counsel for the petitioners. In any case, on the date of execution of the sale deed of plot no.288 the name of Smt. Lalli Devi, namely, the respondent no.4 was recorded in the revenue records based on the order passed in the mutation case. The claim of the petitioners that the will deed dated 31.12.1981 was a forged and fabricated document cannot be entertained as the validity of the said will deed has never been challenged before any court of law.

Be that as it may, the petitioners have not been able to establish their right, title and interest in the land in question, namely, Gata No.288 with respect to which compensation has been paid to respondent no.4.

For the facts noted above, no infirmity could be found in the order dated 28.8.2017 which is the subject matter of challenge in the writ petition. Even otherwise, the perusal of the order dated 28.8.2017 indicates that the said order has been passed on the objection of one Laxman Prasad as the objector. The application moved by the objector is not before us. The copy of the objection appended as Annexure-'14' to the writ petition, allegedly filed by the petitioners may not be related to the order dated 28.8.2017.

Be that as it may, as per own contention in the objection at page '99', no right, title or interest could be created in favour of the petitioners on the basis of any document.

The present writ petition is, thus, wholly misconceived filed with incorrect and incomplete facts and the petitioners have failed to establish their right, title and interest in Gata No.288 and, hence liable to be dismissed and is accordingly dismissed.

Order Date :- 2.2.2023

Kpy