Allahabad High Court
Balram Yadav And Others vs Board Of Revenue, U.P. Lko. Thru. ... on 1 May, 2023
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 4
Case :- WRIT - B No. - 344 of 2023
Petitioner :- Balram Yadav And Others
Respondent :- Board Of Revenue, U.P. Lko. Thru. Its Secy. And Others
Counsel for Petitioner :- Mohammad Ehtesham Khan,Anil Kumar Yadav
Counsel for Respondent :- C.S.C.,Anil Kumar Tiwari,Pankaj Gupta
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri M.E. Khan, learned counsel for the petitioners, Sri Satyendra Kumar Tiwari, learned State Counsel for the State-respondents no.1 to 4 and Sri Anil Kumar Tiwari, learned counsel for opposite party no.6. Sri Pankaj Gupta has accepted notice for opposite party no.5/Gaon Sabha.
In view of the proposed order, notice to opposite party no.7 is hereby dispensed with.
By means of this petition, the petitioners have prayed following main reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 13.04.2010 passed by the opposite party No. 1 in Revision No. 150 (LR)/1990-91 In Re: Smt. Dhoodha Dhari Versus Mahokha Devi contained as Annexure No. 1 to this writ petition.
(ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 24.04.1991 passed by the opposite party No. 2 in Revision No. 46/1989-90 In Re: Doodha Dhari Versus Mahokha contained as Annexure No. 6 to this writ petition.
(iii) Issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 16.01.1990 passed by the opposite party No. 3 in Appeal No. 85/1988 In Re: Mahokha Versus Patti contained as Annexure No. 5 to this writ petition.
(iv) Issue a writ, order or direction in the nature of mandamus commanding the opposite party No. 4 thereby restraining him from proceedings with the Mutation Case No. 420 of 1986 In Re: Patti Devi Versus Ram Kishore in pursuance to the remand order dated 13.04.2010 passed by the opposite party No.1."
At the very outset, learned counsel for the petitioners has submitted that pursuant to the order dated 13.04.2010 passed by the Board of Revenue in the revision whereby the orders of learned courts below have been set aside and the matter was remanded back to the Tehsildar concerned to decide the issue afresh examining the validity of the registered Will, no exercise has been undertaken by the Tehsildar till date. Specific recital to this effect has been given in para-23 of the writ petition wherein Sri Khan has stated that despite more than 13 years have passed, the proceedings before opposite party no.4 in compliance of the remand order dated 13.04.2010 are yet to commence which necessitated the filing of the instant petition on the ground that since in terms of Section 5 (3) of the U.P. Urban Land (Ceiling & Regulation) Act No.33 of 1976, any transfer made by way of sale, mortgage, gift, lease or otherwise in respect of land coming within the purview of the Act, 1976 shall be deemed to be null and void, as such, the Will Deed relied upon by opposite parties no.6 & 7 is void document.
Admittedly, the order dated 13.04.2010 has not been assailed by the petitioners till date and on being confronted the learned counsel for the petitioners as to why the order dated 13.04.2010 has been assailed after 13 years by filing this writ petition, he has stated that the petitioners were under bonafide impression that pursuant to the aforesaid remand order, the competent revenue authority would adjudicate the matter afresh and since all the parties were in possession of their land, therefore, no writ petition was filed immediately challenging the order dated 13.04.2010.
Be that as it may, since all the parties were in possession over the land and since the order dated 13.04.2010 was not assailed before any authority/ this Court till date, therefore, in compliance of the order dated 13.04.2010, appropriate exercise should have been undertaken by the concerning revenue authority i.e. opposite party no.4/ Naib Tehsildar, Tehsil- Phoolpur, District- Prayagraj.
At this stage, I am not inclined to enter into the merits of the issue or to interfere the impugned order dated 13.04.2010, therefore, I hereby direct opposite party no.4/ competent revenue authority to adjudicate the issue in terms of order dated 13.04.2010 passed by the Board of Revenue, strictly in accordance with law, after affording an opportunity of hearing to the parties concerned, with expedition, preferably within a period of six months from the date of receipt of certified copy of this order.
Till disposal of the aforesaid proceedings by opposite party no.4/ competent revenue authority, status quo in respect of the properties in question shall be maintained by the respective parties.
The petition is accordingly disposed of.
[Rajesh Singh Chauhan,J.]
Order Date :- 1.5.2023
RBS/-
