Sushil Kumar vs Board Of Revenue And 13 Others
2023 Latest Caselaw 18600 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:145946
 
Court No. - 49
 
Case :- WRIT - B No. - 2552 of 2023
 
Petitioner :- Sushil Kumar
 
Respondent :- Board Of Revenue And 13 Others
 
Counsel for Petitioner :- Dharm Vir Jaiswal,Harsh Vikram
 
Counsel for Respondent :- C.S.C.,Arun Kumar Pandey,Gaurav Singh
 

 
Hon'ble Syed Qamar Hasan Rizvi,J.

1. Heard Sri Dharm Vir Jaiswal, learned counsel for the petitioner, Sri Awadhesh Kumar Patel, learned standing counsel for the State-respondent nos. 1, 2, 3 & 14, Sri Gaurav Singh, learned counsel appearing on behalf of the respondent nos. 4 to 11 and Sri Dinesh Kumar Tiwari, Advocate holding brief of Sri Arun Kumar Pandey, learned counsel for the Gaon Sabha / respondent no. 12.

2. The present writ petition has been filed seeking a writ in the nature of certiorari to quash the order dated 28.9.2021 passed by the Deputy Collector, Tehsil & District Moradabad (respondent no. 3), the order dated 20.12.2021 passed by the Commissioner, Moradabad Division, Moradabad (respondent no. 2) and also the order dated 7.6.2023 passed by the learned Board of Revenue (respondent no. 1).

3. By means of the impugned order dated 7.6.2023, learned Board of Revenue has dismissed the second appeal on the ground that the genuineness of the adoption deed which is the basis of the claim of the petitioner is already under challenge before the competent civil court and the revenue courts have no jurisdiction to decide the genuineness and validity of the said adoption deed which can only be adjudicated by the competent civil court.

4. The pendency of the civil suit is not disputed by the parties.

5. It is settled proposition of law as has been settled by the Hon'ble Supreme Court in a recent judgment of Jitendra Singh Vs. State of Madhya Pradesh & others 2022 (1) AWC 231 (SC) that if there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of any such document such as Will, adoption deed etc., the party who is claiming title/right on the basis of the Will has to approach the appropriate civil court/court and get his rights crystallised and only thereafter on the basis of the decision by the civil court necessary mutation entry can be made.

6. At this stage, this Court does not find any reason to interfere in the impugned order dated 7.6.2023.

7. In view of the aforesaid, the writ petition is accordingly dismissed.

Order Date :- 21.7.2023

Arif