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2014 Supreme(All) 2691
ALLAHABAD HIGH COURT
Ram Surat Ram (Maurya), J.
Yashwant - Appellant
Versus
Bhumi Prabandhak Samiti & Others. - Respondent
Writ - B No. - 50270 of 2002
Decided On : 05-05-2014
For the Petitioner:- Nagendra Kumar Srivastava
For the Respondent:- S.C., V.K. Singh, H.P. Tripathi
The judgment emphasized the limitations and conditions for permissible review under the relevant legal provisions, and the binding nature of civil court judgments on relevant issues.
Headnote:
Patta - Land Allotment Dispute - U.P. Zamindari Abolition and Land Reform Rules, 1952 - Rule 115-P
Fact of the Case:
The dispute involved the allotment of land to the petitioner by the Land Management Committee, which was contested by the respondents claiming prior possession. The respondents filed for cancellation of the Patta granted to the petitioner, leading to a series of legal proceedings and appeals.
Finding of the Court:
The court found that the power of review under Section 273 of U.P. Tenancy Act, 1939 did not apply to the cancellation of Patta as per Rule 339 of the Rules. It also emphasized the limitations for review under Order 47 Rule 1 CPC and the conditions for permissible review.
Issues: The key issues involved the validity of the Patta granted to the petitioner, the jurisdiction of the Land Management Committee, and the admissibility of additional evidence in the review process.
Ratio Decidendi: The court held that the review was not maintainable due to the time-barred nature of the application and the lack of apparent error on the face of the record. It also emphasized the binding nature of the civil court's judgment on possession and the limitations for review under the relevant legal provisions.
Final Decision: The court allowed the writ petition, setting aside the order of the Board of Revenue, U.P. dated 12.08.2002, which had allowed the review application of Devi Prasad.
Ram Surat Ram (Maurya),J.
Heard Sri Nagendra Kumar Srivastava, for the petitioner and Sri H.P. Tripathi, for the contesting respondents.
2. This writ petition has been filed against the order of Board of Revenue, U.P. dated 12.08.2002, allowing the review application of Devi Prasad (now represented by respondents-3 to 6) and remanding the matter to Additional Commissioner for deciding the revision afresh after giving opportunity of evidence in rebuttal to the respondents, arising out of proceedings under Rule 115-P of U.P. Zamindari Abolition and Land Reform Rules, 1952 (hereinafter referred to as the Rules).
3. The dispute is in respect of the land of area 9 yard x 9 yard bounded as in North- Land of Gaon Sabha, South- Public passage, East- Pond of Gaon Sabha and West- Public passage, situated in village Dhakan Shiwali, pargana Akbarpur, district Kanpur Dehat. The petitioner claimed that the land in dispute was allotted to him by Land Management Committee of the village on 25.06.1968. Devi Prasad earlier filed a civil suit (registered as Suit No. 217 of 1977) for permanent injunction restraining the petitioner from interfering in his possession over the land in dispute. It was alleged in the plaint that the land in dispute was appurtenant land to the house of the plaintiff and his brother Prem Chand (respondent-2) and has been in their possession since before date of vesting. Land Management Committee had no jurisdiction to allot the land in dispute to the petitioner. The petitioner, on the basis of patta granted by Land Management Committee, was trying to raise a boundary wall over the land in dispute. The suit was contested by the petitioner. Additional Munsif, Kanpur by his judgment dated 30.07.1979 dismissed the suit. Prem Chand filed an appeal (registered as Civil Appeal No. 514 of 1979) which was dismissed by judgment dated 20.04.1983. Prem Chand filed a second appeal (registered as Second Appeal No. 1851 of 1983), which was dismissed at the admission stage by judgment dated 01.05.1984 by this Court.
4. In the meantime Devi Prasad and Prem Chand (hereinafter referred to as the respondents) filed an application dated 03.02.1981, for cancellation of the Patta dated 25.06.1968, under Rule 115 P of the Rules. It has been stated by the respondents that they were resident of the village from the time of their ancestors. Main gate of their house is towards east. The land in dispute was in their use and occupation where they were tying their cattle and keeping agricultural appliances and bullock cart etc. Without circulating any agenda for allotment and notice to the members and general public and without any meeting or resolution of Land Management Committee, patta was granted to the petitioner on 25.06.1968. The petitioner was not the resident of the village and was not entitled to grant of patta. The land in dispute was not vacant and was in their possession and its allotment was illegal. The petitioner filed his reply to the aforesaid application and stated that the land in dispute was never in use and occupation of the respondents. The respondents earlier filed a criminal complaint against the petitioner which was dismissed 31.10.1977. Thereafter they filed an application before Sub-Divisional Officer against the allotment of the land in dispute, which was rejected after inquiry. Prem Chand then filed Suit No. 217 of 1977 for permanent injunction restraining the petitioner from interfering in his possession over the land in dispute, on the same allegation that the land in dispute was appurtenant land to their house and had been in their possession since before the date of vesting. Land Management Committee had no jurisdiction to allot the land in dispute to the petitioner. The suit was dismissed by Additional Munsif, Kanpur by his judgment dated 30.07.1979. The land in dispute was allotted to the petitioner on 25.06.1968 while the application for cancellation of patta was filed on 03.02.1981 and is barred by limita
