Geeta Biswas vs State Of U.P. And 7 Others
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Allahabad High Court

Geeta Biswas vs State Of U.P. And 7 Others on 1 February, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:16913
 
Court No. - 49
 

 
Case :- WRIT - B No. - 3576 of 2023
 

 
Petitioner :- Geeta Biswas
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Petitioner :- Hem Pratap Singh,Shalandera Tiwari
 
Counsel for Respondent :- C.S.C.,Azad Rai,Vijay Kant Dwivedi,Vikram Singh
 

 
Hon'ble Chandra Kumar Rai,J.
 

1. Supplementary affidavit filed today is taken on record.

2. Heard Sri Hem Pratap Singh, learned counsel for the petitioner, Sri Vijay Kant Dwivedi, learned counsel for respondent nos. 6 to 8, Sri Nand Lal Maurya, learned standing counsel for the state-respondents and Sri Azad Rai, learned counsel for respondent-gaon sabha.

3. Brief facts of the case are that petitioner, was ordered to be recorded by the Revenue Inspector vide order dated 17.7.2021 after the death of Amol Kumar, who expired on 20.4.2021. Respondent nos. 6 to 8, have applied for mutation under Section 34 of the U.P. Land Revenue Act and the Tehsildar vide order dated 1.11.2022, in the proceeding under Section 34 of the U.P. Revenue Code, 2006, ordered to record the name of respondent nos. 6 to 8, being son and widow of decased-Amol Kumar. Petitioner filed restoration application/recall application against the order of Tehsildar dated 1.11.2022 which is still pending and in the meantime, petitioner also filed a revision against the order of Tehsildar before the Board of Revenue under Section 210 of the U.P. Revenue Code, 2006 and the revision has been decided by the Board of Revenue vide order dated 26.6.2023. Hence this petition for the following reliefs:-

"(i) To issue an order or direction in the nature of certiorari to set aside and quash the order dated 26.6.2023 passed by the learned Member, Board of Revenue, Prayagraj in Revision No.3822/2022/Prayagraj (Computerized Case No.AL20220203003822) (Geeta Biswas vs. Tushar Kumar Biswas and Others) and order dated 1.11.2022 passed by Tehsildar, Meja, Prayagraj in Suit No.3188/2021 (Computerized Case No.T202202030805077) (Tushar Bishwas and Others vs. Amol Kumar Biswas)

(ii) To issue an order or direction in the nature of mandamus restraining the respondents not to interfere in peaceful enjoyment of petitioner, House NO.107-B and plot, gata no.974, total measuring about 0.0460 hect. situated at village Ram Nagar, Pargana Khairagarh Tappa Chaurashi, Tehsil- Meja, District Prayagraj."

4. Counsel for the petitioner submitted that the petitioner is legally wedded wife of deceased-Amol Kumar, as such, the petitioner has been rightly ordered to be recorded by revenue inspector vide order dated 17.7.2021 on the basis of report submitted in the procedings. He further submitted that respondent No - 6 to 8 are stranger as such they are not entitled to be recorded in the place of deceased Amol Kumar. He further submitted that petitioner is recorded as wife in the Pariwar register. Voter identity card, Aadhar Card, LIC record, Bank account, Ration Card. He further submitted that the documents in support of her case, could not be filed before the Tehsildar, in the proceeding under Section - 34 of U.P.Revenue Code, 2006 initiated by respondent No - 6 to 8, as such, the recall application filed by the petitioner, be allowed and the petitioner be given opportunity to contest the proceeding of mutation case under Section 34 of the U.P. Revenue Code, 2006 in accordance with law.

5. On the other hand, Mr Vijai Kant Dwivedi learned counsel appearing for the private respondent No - 6 to 8 submitted that the petitioner is not legally wedded wife of the deceased-Amol Kumar. He further submitted that respondent nos. 6 & 7 are the sons, born out from the wedlock of deceased-Amol Kumar and respondent no.8. He further submitted that bundle of documents / evidence were filed before the Tehsildar on behalf of respondent nos. 6 to 8 in order to demonstrate that they are entitled to be recorded, being son / widow of deceased- Amol Kumar. He submitted that jurisdiction under Section 34 of the U.P. Revenue Code, 2006 has been rightly exercised by the Tehsildar. He further submitted that opportunities were were given to the petitioner to file objection/evidence, if any, but the petitioner has not filed any evidence before the Tehsildar to demonstrate that she is entitled to be recorded as wife of deceased. He further submitted that in revision, fictitious evidences were filed by the petitioner and the petitioner did not appear before the revisional court, accordingly, the revision was dismissed. He also submitted that the writ petition arises out of the summary proceeding under Section 34 of the U.P. Revenue Code, 2006, as such, the same is liable to be dismissed.

6. I have considered the arguments advanced by learned counsel for the parties and perused the records.

7. There is no dispute about the fact that Amol Kumar was the recorded tenure holder of the plot in dispute. There is also no dispute about the fact that the Tehsildar in the proceeding under Section 34 of the U.P. Revenue Code, 2006 has ordered to record the names of respondent nos. 6 to 8, being sons and widow of the deceased setting aside the order of revenue inspector dated 17.7.2021. There is also no dispute about the fact that revision filed by the petitioner has been dismissed and the restoration application/recall application filed by the petitioner is pending before respondent no.4/Tehsildar.

8. In order to appreciate the controversy involved in the matter, perusal of the order passed by the Tehsildar will be relevant which is as under:-

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9. The perusal of the order of Tehsildar as quoted above reveals that respondent nos. 6 to 8 have filed documents in support of their claim and in spite of the opportunity afforded to the petitioner, no evidence was filed by the petitioner, as such, the order was passed by the Tehsildar for recording the name of respondent nos. 6 to 8 being sons & widow of deceased Amol Kumar in the proceeding under section - 34 of U.P.Revenue Code.

10. Considering the finding recorded by the Tehsildar, the further consideration of the dispute in the exercise of summary jurisdiction under Section 34 of the U.P. Revenue Code, 2006 will not be in the interest of justice rather petitioner should file suit for declaration of her right & title. No interference is required against the judgment passed in the summary proceeding under Section 34 of the U.P. Revenue Code, 2006.

11. The writ petition is dismissed.

12. Needless to say that the order passed in the summary proceeding, shall not come in the way of the petitioner to establish her right by filing a suit before the regular court.

Order Date :- 1.2.2024

C.Prakash