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2015 Supreme(All) 2585
ALLAHABAD HIGH COURT
Ram Surat Ram (Maurya), J.
Kapil Deo - Appellant
Versus
D.D.C. and Ors. - Respondent
Writ B. No. 33973 of 2001
Decided On : 13-03-2015
For the Appellant : H.S.N. Tripathi and H.P. Mishra
For the Respondents: C.S.C., A.P. Tiwari, S.S. Tripathi, V.K. Rai, Viaj Kumar Rai, Sankatha Rai, H.M.B. Sinha and J.N. Tripathi
The main legal point established in the judgment is the validity of sale-deeds and auction sale under the U.P. Consolidation of Holdings Act, 1953, and the interpretation of the requirement of prior permission under the Act.
Headnote:
Consolidation of Holdings Act - U.P. Consolidation of Holdings Act, 1953 - Section 5(1)(c), Section 45-A - Validity of sale-deeds and auction sale - Smt. Bhagwati v. Deputy Director of Consolidation, Ghaziabad and others. 1983 RD 201
Fact of the Case:
The writ petition was filed against the order of Deputy Director of Consolidation allowing the revision of Jokhu, setting aside previous orders and directing to record the names of respondents over certain plots in title proceedings under U.P. Consolidation of Holdings Act, 1953.
Finding of the Court:
The Deputy Director of Consolidation held that the sale-deeds and auction sale were valid, based on the admission of execution of sale-deeds and the interpretation of the law in Smt. Bhagwati v. Deputy Director of Consolidation, Ghaziabad and others. 1983 RD 201.
Issues: The issues revolved around the validity of the sale-deeds and auction sale, the requirement of prior permission under the Act, and the rejection of the amendment application by the Consolidation Officer.
Ratio Decidendi: The court found that the auction sale was valid and the prior permission of the Settlement Officer Consolidation was not required for the auction sale, as per the interpretation of the law in Smt. Bhagwati v. Deputy Director of Consolidation, Ghaziabad and others. 1983 RD 201.
Final Decision: The writ petition was dismissed as the court found no merit in the arguments presented.
Ram Surat Ram (Maurya), J.
1. Heard Sri H.P. Mishra, for the petitioner and Sri A.K. Singh, holding brief of Dr. V.K. Rai, and Sri H.M.B. Sinha, for the contesting respondents. This writ petition has been filed against the order of Deputy Director of Consolidation dated 23.12.1999, allowing the revision of Jokhu (now represented by respondents-2 to 4), setting aside the orders of Consolidation Officer dated 1.5.1989 and Settlement Officer Consolidation dated 22.2.1993 and directing to record the names of respondents-2 to 4, over plots 1043 (area 0.70 acre) (on the basis of sale-deed dated 23.3.1974), 1047 (area 0.60 acre) (on the basis of sale-deed dated 27.9.1974), 1043 (area 0.70 acre), 1047 (area 1.16 acre), 1078-Ka (area 0.44 acre), 1078-Kha (area 0.42 acre) and 1229 (area 1.15 acre) (on the basis of auction sale dated 14.1.1976/8.12.1980) of village Bhaisaha, pargana Shahjahanpur, district Deoria, in title proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
2. In basic consolidation year plots 136 (area 0.06 acre), 175 (area 0.25 acre), 1025 (area 0.48 acre), 1043 (area 0.70 acre), 1047 (area 1.16 acre), 1078-Ka (area 0.44 acre), 1078-Kha (area 0.42 acre), 1229 (area 1.15 acre) and 1361 (area 0.43 acre) of village Bhaisaha, pargana Shahjahanpur, district Deoria, were recorded khata 747 in the name of Sukai son of Govind (grand father of the petitioner. Jokhu filed three objections under section9-A(2) of the Act, for recording his name over the land in dispute. One objection was in respect of plot 1043 (area 0.70 acre) on the basis of sale-deed dated 23.3.1974 executed by Sukai in his favour. Other objection was in respect of plot 1047 (area 0.60 acre) on the basis of sale-deed dated 27.9.1974 executed by Sukai in his favour. Third objection was in respect of plot 1047 (area 3.56 acre) on the basis of auction dated 14.1.1976, which was confirmed on 19.6.1976. In pursuance of auction, sale-deed dated 8.12.1980 executed, which was registered on 17.12.1980. After issue of sale-deed dated 8.12.1980, Jokhu filed an application for amending his third objection and in place of plot 1047 (area 3.56 acre), plots 1043 (area 0.70 acre), 1047 (area 1.16 acre), 1078-Ka (area 0.44 acre), 1078-Kha (area 0.42 acre) and 1229 (area 1.15 acre) were sought to be substituted.
3. Sukai was recorded tenure holder of all the plots mentioned in basic consolidation year khata 747. It is alleged that Sukai executed a mortgage deed dated 13.6.1971, in respect of his plots 1043 (area 0.70 acre), 1047 (area 1.16 acre), 1078-Ka (area 0.44 acre), 1078-Kha (area 0.42 acre) and 1229 (area 1.15 acre) (total five plots, area 3.87 acre) in favour of U.P. Co-operative Land Development Bank, Deoria and took loan. However, concealing mortgage, Sukai executed a sale-deed dated 23.3.1974 of plot 1043 (area 0.70 acre) and another sale-deed dated 27.9.1974 of plot 1047 (area 0.60 acre) in his favour Jokhu, after obtaining requisite permission from Settlement Officer Consolidation. Due nonpayment of loan, recovery proceeding was initiated by U.P. Co-operative Land Development Bank, Deoria against Sukai, under the provisions of U.P. Agricultural Credit Act, 1973 and attached mortgaged properties. Thereafter, plots 1043 (area 0.70 acre), 1047 (area 1.16 acre), 1078-Ka (area 0.44 acre), 1078-Kha (area 0.42 acre) and 1229 (area 1.15 acre) (total five plots area 3.87 acre) were auctioned on 14.1.1976, in which Jokhu was highest bidder. Auction sale was confirmed on 19.6.1976 in favour of Jokhu. Thereafter, sale-deed dated 8.12.1980 was executed, which was registered on 17.12.1980. Sukai contested the aforesaid objection and denied execution of sale-deed dated 23.3.1974 and 27.9.1974. He also denied execution of mortgage deed dated 12.8.1971 and ignorance in respect of attachment, auction and sale of mortgage property in favour of Jokhu.
4. The cases were consolidated and tried by Consolidation Officer, who by order dated 6.
