Allahabad High Court
Aniruddha Prasad Tewari vs State Of U.P. Thru. Addl. Chief ... on 15 May, 2023
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:33666
Court No. - 4
Case :- WRIT - B No. - 594 of 2022
Petitioner :- Aniruddha Prasad Tewari
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Of Revenue Lko. And 9 Others
Counsel for Petitioner :- Pt. S. Chandra,Shiv Shankar Mishra
Counsel for Respondent :- C.S.C.,Deo Prakash Srivastava
Hon'ble Rajesh Singh Chauhan,J.
Heard Pt. S. Chandra, learned counsel for the petitioner, Shri Upendra Singh, learned Standing Counsel for the State-respondents and Shri Deo Prakash Srivastava, learned counsel for opposite party no.8/Smt. Maya Devi.
In view of the proposed order, notice to opposite party nos.7, 9 and 10 is hereby dispensed with.
By means of this petition, the petitioner has prayed following reliefs:-
"I. Issue a Writ, Order or Direction in the nature of the certiorari thereby quash and set aside, the impugned order dated 26-08-2022 passed by the Learned Member [Judicial] of the Board of Revenue, Uttar Pradesh at Lucknow, in the. REV/ 1030/ 2018/ Siddhartha Nagar as well as in connected REV / 296 / 2017 Computerized Suit No. R20181763001030 Aniruddha Prasad Tewari versus Maya Devi & others under Section 219 of the UP Land Revenue Act 1901, as contained in the Annexure No.-01 of this writ petition.
II. Issue a Writ, Order or Direction in the nature of the certiorari thereby quash and set aside, the impugned orders dated 11-07-2016, 18-07-2016 and 20-04-2018 passed by the Tahsildar Bansi District Siddhartha Nagar UP, as contained in the Annexure No.-02, 03 and 09 of this writ petition.
III. Issue a Writ, Order or Direction in the nature of the certiorari thereby quash and set aside, the impugned order dated 07-01-2017 passed by the SDM Bansi Siddhartha Nagar as contained in the Annexure No. -04 of this writ petition."
Undisputedly, the proceedings in question emanates from the proceedings under Section 34 of U.P. Land Revenue Act, 1901 (hereinafter referred to as "Act, 1901"). The proceedings of Section 34 of the Act, 1901 are summary in nature.
In the present case the parties in question are of two category, one is claiming his right on the basis of one unregistered Will deed which was got registered after 10 years of the death of the testator of the Will and second party is claiming their right on the basis of succession in respect of the property in question.
As per learned counsel for the petitioner, one order dated 12.07.2017 has been passed by the Tehsildar was said as ex-parte order but Pt. S. Chandra has stated that the order passed on 12.07.2017 is not an ex-parte order. However, a recall application was filed by the opposite parties seeking recall of the order dated 12.07.2017 and the Tehsildar Judicial, Tehsil- Bansi, Siddhartha Nagar has passed the order dated 20.04.2018 (Annexure No.9) recalling its earlier order dated 12.07.2017 directing for disposal of the objection of the parties fixing next date.
Feeling aggrieved from the order dated 20.04.2018, the petitioner filed a revision before the Board of Revenue bearing No. REV/1030/2018 (Aniruddha Prasad Tewari versus Maya Devi). Before filing this revision, the petitioner filed a revision against the order dated 07.01.2017 passed by Tehsildar under Section 207 of the U.P. Revenue Code, 2006 challenging the order dated 11.07.2016 and 18.07.2016 bearing no. REV/296/2017 (Aniruddha Prasad Tewari versus Maya Devi)
Both the revisions were heard by the Board of Revenue collectively and decided the same vide order dated 26.08.2022 which is impugned in this petition. By means of aforesaid order dated 26.08.2022, both the revisions were rejected, interim orders were vacated and files were sent back to the learned Court below. While passing the impugned order dated 26.08.2022, the Board of Revenue has observed that since the proceedings of mutation are pending consideration wherein the genuineness of Will deed would be seen, therefore, the proceedings of mutation may not be stayed and the orders under challenge are having no error apparent on the face of those orders.
Learned counsel for the petitioner has stated that in compliance of the order dated 26.08.2022, the mutation proceedings should be expedited/completed by the learned Court below, therefore, the direction may be issued to the Court to decide the proceedings of Section 34 and till then the status quo in respect of the property in question be maintained.
Per contra, learned Standing Counsel as well as learned counsel for private opposite parties have stated that since the proceedings in question emanates from the proceedings of Section 34 which are summary in nature, therefore, in view of the decision of this Court in re; Smt. Kalawati vs. The Board of Revenue & 6 Others 2022 (4) ADJ 578 the writ petition is not maintainable. They have also stated that six exceptions have been given in such judgment and the present petitioner may not take benefit of any of the aforesaid exceptions.
Learned Standing Counsel has also stated that after filing of this writ petition in the month of September, 2022 no interim protection of any kind whatsoever has been given to the petitioner, therefore, if this Hon'ble Court may deem fit and proper, may issue direction to expedite the proceedings of mutation.
Having heard learned counsel for the parties and having perused the material available on record since the proceedings under Section 34 of the Act, 1901 is pending consideration before the Tehsildar Judicial, Tehsil- Bansi, Siddhartha Nagar where the parties have already appeared, therefore, such authority is directed to expedite the proceedings strictly in accordance with law on merits by affording an opportunity of hearing to the parties concerned with expedition, preferably within a period of six weeks from the production of certified copy of the order of this Court.
The petitioner may also file an application for interim relief before the Tehsildar Judicial, Tehsil- Bansi, Siddhartha Nagar and if such application is filed, the same shall be decided by the Tehsildar Judicial, Tehsil- Bansi, Siddhartha Nagar, strictly in accordance with law by affording an opportunity of hearing to the parties concerned with expedition, preferably within a period of 15 days. However, I do not find any infirmity or illegality in the impugned orders, therefore, I am not interfering in those orders.
It is needless to say that the parties shall cooperate in the proceedings and shall not taken unnecessary adjournments.
In view of the aforesaid terms, the writ petition is disposed of.
Order Date :- 15.5.2023
Mohd. Sharif
