Allahabad High Court
Nagar Palika And Another vs Gullu Shah And Others on 24 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:171621
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 15746 of 2001
Nagar Palika And Another
.....Petitioner(s)
Versus
Gullu Shah And Others
.....Respondent(s)
Counsel for Petitioner(s)
:
J.J.Munir, Tanisha Jahangir Monir
Counsel for Respondent(s)
:
A.K. Mishra, Ayank Mishra, Mahesh Sharma, Narayan Dutt Shukla, Rituvendra Singh Nagvanshi, Sunil Verma, U.K. Mishra, Vikram Nath, Vinod Sinha
With
WRIT ? B No. - 15733 of 2001
Guru Singh Sabha .....Petitioner(s)
versus
Board of Revenue And Others .... Respondent (s)
___________________________________________________________________________________
Counsel for Petitioner(s) Mr. Mahesh Sharma, Mr. Arvind Kumar Verma
Counsel for Respondent (s) Mr. R.C. Singh, Senior Counsel, Mr. Shiv Karan, Ms.Tanisha Jahangir Monir
___________________________________________________________________________________
Reserved on 13.08.2025
Delivered on 24.09.2025Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Ms. Tanisha Jahangir Monir, learned counsel for the petitioners, Mr. Arvind Kumar Verma, learned Counsel holding brief of Mr. Mahesh Sharma, learned counsel for respondent no.4 and Mr. R.C. Singh, learned Senior Counsel assisted by Mr. Shiv Karan, learned counsel for respondent no.1/1 in the leading petition, i.e., Wirt B No.15746 of 2001.
Heard Mr. Arvind Kumar Verma, learned Counsel holding brief of Mr. Mahesh Sharma, learned counsel for the petitioner, Mr. R.C. Singh, learned Senior Counsel assisted by Mr. Shiv Karan, learned counsel for respondent no.4/1, Ms. Tanisha Jahangir Monir, learned counsel for respondent no.2 in the connected petition, i.e., Writ B No.15733 of 2001.
2. Since the issue involved in both the writ petitions is interconnected and the result is interdependent, both the Petitions are heard together and are being disposed of by common order.
3. Brief facts of the case are that dispute relates to plot no.2651, area 2 biswa, situated in village Sarai, Pargana+Tehsil- Sayana, District Bulandshahar. Gram Sabha of village Sarai passed a proposal in a meeting held on 21.1.1975 in favour of respondent no.4-Guru Singh Sabha, Gurudwara Committee who is writ petitioner of Writ Petition No.15733 of 2001, proposing for grant of patta in respect to the plot in dispute. The aforementioned proposal was approved by the Sub Divisional Officer vide order dated 3.2.1975. One Gullu Shah who is respondent no.1 in Writ Petition No.15746/2001 and respondent no.4 in Writ Petition No.15733/2001 filed a case under Section 198(4) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the "U.P. Z.A. & L.R. Act") for cancellation of patta dated 3.2.1975 as well as proposal dated 21.1.1975. The Additional Collector vide order dated 18.10.1977 cancelled the aforementioned patta executed in favour of Guru Singh Sabha, Gurudwara Committee. Against the order dated 18.10.1977, respondent no.4/Guru Singh Sabha, Gurudwara Committee (writ petitioner of Writ Petition No.15733/2001) filed a revision before the Commissioner at Meerut. The aforementioned revision was heard by the Additional Commissioner who vide order dated 29.11.1978 made a reference to the Board of Revenue for setting aside the order dated 18.10.1977 passed by the Additional Collector. The aforementioned reference was heard by the Board of Revenue and the Board of Revenue vide order dated 20.7.1981 accepted the reference and remanded the matter to the court of Additional Collector to decide the proceeding afresh on merit. In pursuance of the order of Board of Revenue, the Additional Collector heard the matter and vide order dated 21.5.1994 issued notice to the Nagar Palika Parishad, Sayana as well as other parties. The Nagar Palika Parishad has filed its written statement, stating that the plot in dispute belongs to Nagar Palika, as such, the lease cannot be executed in favour of respondent no.4/Guru Singh Sabha, Gurudwara Committee by the Land Management Committee. The Additional Collector vide order dated 10.12.1996 allowed the application filed by respondent no.1/Gullu Shah, cancelling the lease executed in favour of respondent no.4/Guru Singh Sabha, Gurudwara Committee in the court of Commissioner. The Additional Commissioner vide order dated 1.2.1999 set aside the order dated 10.12.1996 passed by the Additional Collector. Against the order passed by the Additional Commissioner dated 1.2.1999, Nagar Palika Parishad and respondent no.1/Gullu Shah filed their separate revisions before the Board of Revenue which were registered as Revision Nos. 25 & 24, both of 1998-99. Both the aforementioned revisions were clubbed and heard together by the Board of Revenue and vide order dated 19.1.2001, allowed the revision filed by Gullu Shah and set aside the order dated 12.1999 passed by the Additional Commissioner and maintained the order dated 10.12.1996 passed by the Additional Collector. The revision filed by Nagar Palika Parishad was also accordingly disposed of. Hence, Writ Petition No.15746 of 2001 has been filed by Nagar Palika for the following relief:-
"i. a writ, order or direction in the nature of certiorari, quashing the impugned judgment dated 19.1.2001 passed by the Board of Revenue, U.P. at Allahabad in Revision No. 25 of 1998-99, Nagar Palika Vs. Guru Singh Sabha & Others in Revision No. 24 of 1998-99, Gullu Shah Vs. Guru Singh Sabha & Others (Annexure-3 to writ petition) and the order dated 10.12.1999 passed by the Addl. Collector (Admn.), Bulandshahr in Case No. 69 of 1996, Gullu Shah Vs. Babulal (Annexure-l to writ petition) to the extent that such judgments hold the plot in dispute to be property of respondent No. 1"
Writ Petition No.15733 of 2001 has been filed by Guru Singh Sabha, Gurudwara Committee for the following relief:-
"i. to issue a writ, order or direction in the nature of Certiorari quashing the order dated 19.1.2001 passed by the Learned Board of Revenue, U.P. at Allahabad.
ii. to issue a writ, order or direction in the nature of mandamus commanding the respondents not to give effect to the impugned order dated 19.1.2001 passed by the Learned Board of Revenue, U.P. at Allahabad."
4. Writ petition No.15733 of 2001 was entertained on 26.4.2001 and the parties were directed to maintain status quo with respect to possession as well as both the parties were restrained from making any new construction over the land in dispute. This Court entertained the Writ Petition No.17546/2001 on 26.4.2001 and connected the same with Writ Petition No.15733/2001.
5. In pursuance of the aforementioned interim orders of this Court, parties have exchanged their pleadings.
6. Learned counsel for the petitioner in Writ Petition No.15746 of 2001 submitted that the proceeding under Section 198(4) of the U.P. Z.A. & L.R. Act has been decided in illegal and arbitrary manner, without considering the fact that plot in question belongs to Nagar Palika which is a public body and the land management committee has no right to execute the lease in favour of anyone. She further submitted that the authorities have not recorded finding as regard title and possession of the respective parties over the plot in dispute, as such, the impugned orders cannot be sustained in the eye of law. She submitted that the sanctioned map is no evidence of title in absence of lawful acquisition of title in respect to the plot in question. She also submitted that land is otherwise found to be road-side land within the municipal limit of Nagar Palika Parishad, would vest in Nagar Palika unless the same was transferred or allotted in proper manner to particular individual. She submitted that proprietary interest of Nagar Palika which is a public body, has been prejudiced under the impugned order, as such, the impugned order should be set aside.
7. Learned counsel for the petitioner appearing in the connected Writ Petition No.15733 of 2001 submitted that plot in dispute was in possession of Guru Singh Sabha, Gurudwara Committee since the year 1975 when the plot was allotted to him. He further submitted that the Land Management Committee was fully entitled to allot the plot in dispute in favour of Guru Singh Sabha, Gurudwara Committee and respondent no.4/Gullu Shah has no locus to challenge the allotment by way of proceeding under Section 198(4) of the U.P. Z.A. & L.R. Act. He submitted that the impugned order dated 19.1.2001 has been passed in ex parte manner, as such, the same should be set aside. He submitted that the land in dispute do not fall in the territorial limit of town area/Nagar Palika Parishad, Sayana. He submitted that notification extending limit of Nagar Palika Parishad came into existence in the year 1979 whereas the land in dispute was allotted in favour of Guru Singh Sabha, Gurudwara Committee in the year 1975 when the Gaon Sabha/Land Management Committee was in existence. He submitted that there was proper resolution for allotment in favour of Guru Singh Sabha, Gurudwara Committee, as such, the allotment cannot be cancelled by the revenue authorities. He submitted that the impugned order dated 19.1.2001 should be set aside.
8. Learned Senior Counsel appearing for respondent no.1 in Writ B No.15746 of 2001 and respondent no.4 in Writ B No.15733 of 2001 submitted that respondent no.1/Guru Shah was in possession of the plot in dispute, as such, the same cannot be allotted to respondent no.4/Guru Singh Sabha Gurudwara Committee. He submitted that Additional Collector has rightly cancelled the allotment made in favour of Guru Singh Sabha Gurdudwara Committee on the ground that in the sanctioned map of Nagar Palika, plot in dispute was shown as plot of Gullu Shah. He further submitted that the Board of Revenue has rightly maintained the order of Additional Collector which require no interference by this Court. He further submitted that the basis of title of respondent no.1/Guru Shah is sale deed.
9. I have considered the argument advanced by learned counsel for the parties and perused the records.
10. There is no dispute about the fact that plot no.2651, area 2 biswa, situated in Village- Sarai, Pergana & Tehsil- Sayana, District Bulandshahar was allotted by Gaon Sabha/Land Management Committee on 21.1.1975/3.2.1975 to Guru Singh Sabha Gurudwara Committee. Gullu Shah initiated proceeding under Section 198(4) of the U.P. Z.A. & L.R. Act which was ultimately allowed by the Additional Collector on 10.12.1996, cancelling the allotment made to Guru Shah Sabha Gurudwara Committee. In revision, order of Additional Collector dated 10.12.1996 was set aside by Additional Commissioner vide order dated 1.2.1999 but the Board of Revenue vide order dated 19.1.2021 allowed the revision filed by Gullu Shah and maintained the order of Additional Collector dated 10.12.1996. There is also no dispute about the fact that revision filed by Nagar Palika Parishad was also accordingly disposed of.
11. In order to appreciate the controversy involved in the matter, the perusal of the finding of fact recorded by the Additional Collector dated 10.12.1996 will be relevant which is as under:-
"????? ????????? ?? ??????? ?????????? ?? ?????? ?? ???? ? ???? ?????? ???????? (??????) ? ????????? ?????? ?? ???????? ?? ?????? ?? ????? ??????????? ?? ???????? ?????? ??? ??? ?? ?? ???? ????? ?????? ??? ??, ???? ???? ?? ???? ???, ????? ??? ??? ?? ??? ???? ???????? ????? ???? ?? ????? ???? ?? ??? ?????? ???? ?? ???? ??????? ??????? ??? ?? ???????? ?????? ??? ??? ?? ?? ???? ?????????? ?????? ??? ?? ?? ???? ??????? ??????? ???? ?? ?? ??? ???????? ??? ???? ???? ?? ??? ?????? ???? ???, ???????? ?? ?? ??? ?? ?? ?????? ????? ?? ????????-13, 25 ? 26 ?? ???????? ??????? ????? ?? ????? ?? ??? ??? ???? ?? ???? ???? ?????? ???????? ?? ?? ??? ?? ?? ???????? ????? ??????? ?? ?????????? ?? ?????? ????? ???? ????? ?? ?? ?? ????? ??? ??? ?? ??? ?? ??? ????????? ?? ?? ?? ?? ?? ??? ??? ?? ?? ?????? ???? ????? ?? ???? ??? ?? ????? ?????? ???? ????? ????? ????? ??? ?? ??? ??? ?? ?? ???????? ???? ???? ????? ?? ???? ??? ?? ?? ???? ????? ???? ???????? ????? ???? ?? ???? ?? ??? ?? ???? ???? ????????? ?? ???????? ?? ?? ???? ????? ?? ?? ?? ????? ???? ????? ?? ????? ?? ????????? ?? ???? ?? ?????? ?? ???? ?? ??????? ?? ??? ?????? ?????? ?? ???? ??? ???????? ?? ?????? ??????? ? ???? ?? ????? ?? ?? ?????? ?? ?? ???????? ???? ????? ?????? ????? ?????? ?? ?? ???? ???????? ???? ?? ????? ?? ????????? ???? ???????? ????? ???? ?????? ?? ?? ?? ????? ??? ?????? ???? ???????? ????? ???? ?? ???? ??? ?????? ? ??????? ???????, ????????? ?????? ?? ??????? ?? ?? ?????? ?? ?? ???????? ???????? ????????? ?????? ?? ???? ?? ???????? ?? ?? ?????? ???????? ?? ?? ??????? ?????? ?? ?? ???????? ???? ?? ??? ???? ???? ???????? ????? ???? ?? ???? ???? ?? ?????? ???????? ???? ????? ?? ?? ????????? ???? ???????? ????? ???? ?????? ?? ?? ?? ?? ???? ?? ?? ???? ?? ????????? ??? ?????????? ???? ??? ???? ?? ???????? ???? ?????? ???????? (??????) ?? ?? ???? ??? ?? ?? ?? ?? ???????? ???? ?? ????? ???????? ????? ??????? ?? ?????????? ?? ?????? ???? ???? ??? ?? ?? ?????????? ?? ?????? ???????? ???? ?? ????? / ??????? ???? ?? ???? ???? ??? ??? ????? ???????? ?? ?????? ?? ?? ?????? ?? ?? ???? ???????? ????? ???? ?????? ???????? ???? ?? ????? ???? ?????? 21-1-75 ?? ???????? ???? ??? ?? ????? ?????? ???????? ?????-??????? ?????? ?????? 3-2-75 ?? ?? ?? ??? ????? ?? ?????? ?? ?? ???? ???????? ????? ???? ?????? ????? ?????? ?? ???? ?? ????? ???? ??? ?? ????? ??? ?????? ???? ???????? ????? ???? ?? ???? ??? ?? ?????? ???? ????????????? ?? ???? ??? ???? ????? ????? ???? ???? ?? ???????? ???? ?? ??????? ????????? ?????? ???? ???? ?? ?????? ??, ?????? ?? ??????? ? ??????? ???????, ????????? ?????? ?? ?? ??? ?? ?? ???? ?? ??????? ???? ?? ????? ?????? ???? ?? ????? ???? ????? ?? ??????? ?? ?? ?????? ?? ?? ???????? ???? ????????? ???? ?? ???????? ???? ????? ?????? ?? ????? ??? ?????? ?? ?????? ?? ?????? ?? ?? ????? ???? ???? ??? 2651/022-0 ?? ????? ???? ?? ?????? ???? ?? ??? ????????? ?????? ??????? ?????? ???? ???? ?? ????? ?? ??? ????? ?? ???? ??????? ??? ????????? ????? ????????? ????? ???? ?????? ????? ???? ????? ?????? ?????? ??? ???? ????? ?? ?????? ???? ?? ?? ???? ?? ??? ????? ??? ????? ???? ???? ?????/????????? ?? ? ???? ???? ?? ???? ??? ?? ???? ???? ?????/????????? ?? ?? ?? ???? ?????/????????? ?????? ???????? ???? ?? ????? ??? ??? ???? ?? ????? ???? ??????? ?? ????? ????????? ???? ?????? ??? ???????? ???????? ???? ?? ????? ???? ?????? ?? ???? ???????? ????? ???? ?????? ???? ??? ?? ?? ???? ?? ?? ?????? ???? ???? ????? ???? ????
???? ???? ??????? ???? ???? ?? ??? ???? ???????? ????? ???? ?? ???????? ?????? 21-1-1975 ? ?? ?? ?????? ?? ??? ??????????? ?? ??????? ?????? 3-2-1975 ?????? ?? ???? ???? ???? ?? ?? ????????? ???????? ?????? ?? ?????? ????????? ???? ???? ????? ??? ??????? ???????? ????? ????? ?? ?????
???????- 10.12.1996 ?/?
(???????)
??? ??????????, (???????), ??????????"
12. Perusal of the finding of fact recorded by the Additional Collector Demonstrate that plot in dispute was situated in Gaon Sabha/Town Area/Nagar Palika, Sarai, as such, authority at Sayana had no jurisdiction to allot the plot in question to anybody. The finding of fact recorded by the Additional Collector regarding allotment dated 21.1.1975/3.2.1975 is in accordance with law.
13. So far as right and title of Nagar Palika Parishad or respondent no.1/respondent no.4, Gullu Shah is concerned, there is no document on record in both the writ petitions about the source of title of Gullu Shah, as such, entry of plot in question as exist in the year 1975 will restore back after cancellation of allotment dated 21.1.1975/3.2.1975. The sanction map will not give any title to anybody unless there is any document of title supported by entry of the plot in question.
14. Considering the entire facts and circumstances of the case, the Writ Petition No.15746 of 2001 filed by Nagar Palika Parishad is allowed and Writ Petition No.15733 of 2001 filed by Guru Singh Sabha Gurudwara Committee is dismissed. The entry of the plot in question as exist before the allotment dated 21.1.1975/3.2.1975 is restored which will be corrected accordingly due to notification of town area/Nagar Palika Parishad issued by the State.
15. No order as to costs.
(Chandra Kumar Rai,J.)
September 24, 2025
C.Prakash
