Asharam vs State Of Up And 7 Others
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Allahabad High Court

Asharam vs State Of Up And 7 Others on 21 November, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:181828
 
Court No. - 34
 
Case :- WRIT - C No. - 23569 of 2024
 

 
Petitioner :- Asharam
 
Respondent :- State Of Up And 7 Others
 
Counsel for Petitioner :- Sanjeev Kumar Yadav,Vivek Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned counsel for the parties and perused the record.

2. This petition has been filed for the following relief:

"(I) To issue a writ, order or direction in the nature of CERTIORARI calling for the record and quashing the impugned order dated 28/03/2024 passed by Additional Commissioner (Judicial), Agra Division Agra, in the revision No. 76/2005-2006, computerized case No. C201201000000117 and revision No. C-201201000000062 of 2012, under Section 219 of the U.P. Land Revenue Act, 1901 (Asharam Vs. Radhey Shyam and others) as well as order dated 15/05/2006 passed by Upziladhikari, Mainpuri, in appeal No.77 of 2005-2006 and appeal No. 76 of 2005-2006, under Section 210 of the Uttar Pradesh Land Revenue Act, 1901 (Asharam Vs. Satya Ram and others) and order dated 22/12/2005 passed by Tahsildar, Mainpuri in case No. 65/1670/455 of 2005, under Section 34 of the U.P.Z.A. and L.R. Act, 1950 (Annexure Nos. -1, 2 & 3 to the writ petition respectively)."

3. Contention of the learned counsel for the petitioner is that the petitioner claim on the basis of a registered will executed in favour of his father by Subedar (uncle of the petitioner). Proceedings under Section 34 of U.P. Land Revenue Act on the basis of will in favour of father of the petitioner was contested by the respondent. Petitioner has lost in all the three courts.

4. Proceedings under Section 34 of the U.P. Land Revenue Act are summary proceedings as held by this Court was only for realization of land revenue and do not confer any title to any of the parties.

5. In view of judgment passed in case of Smt. Kalawati vs. Board of Revenue reported in 2022 4 ADJ 578, I am not inclined to interfere in the matter.

6. Accordingly, the writ petition stands disposed of with liberty to the petitioner to get his rights declared in a regular proceedings.

Order Date :- 21.11.2024/Ved Prakash

(Manish Kumar Nigam,J.)