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2018 Supreme(All) 1014

ALLAHABAD HIGH COURT
BEFORE : MAHESH CHANDRA TRIPATHI, J.
RAM BACHAN YADAV AND ANOTHER ....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 6934 of 2018, decided on 4th April, 2018)

Advocates:
Counsel :
Bhola Nath Yadav and Sanjay Kumar Yadav for the Petitioner; C.S.C., Manoj Kumar Yadav, Ritesh Srivastava and Shweta Singh for the Respondents.

Headnote:U.P. Land Revenue Act, 1901 – Sections 33, 39, 219 – Revenue entries – Expunction – Ex parte order – Challenge against – Whether an entry in revenue record is fake or fraudulent is a question of fact – And can be proved like any other fact only after providing opportunity of hearing to parties concerned – Notice must be given to party in whose favour entry stands – Such dispute regarding revenue entries can be decided only after hearing party concerned and likely to be affected – Impugned order set aside – Matter remitted back to decide afresh – Direction issued. [Paras 12 to 19]

       Result; Petition Allowed.

JUDGMENT

Hon’ble Mahesh Chandra Tripathi, J.—Heard Shri Bhola Nath Yadav, learned counsel for the petitioners and learned Standing Counsel. Shri Manoj Kumar Yadav appears for respondent Nos. 5 and 6 and Shri Ritesh Srivastava appears for caveator-respondent.

2. By means of present writ petition, the petitioners have prayed for following reliefs :

“1. To issue a writ, order or direction in the nature of certiorari calling for the record and quashing the impugned order dated 12.10.2017 passed by Additional Commissioner (Judicial-II), Varanasi Division, Varanasi in Revision No. C20161400001176 of 2016 (Ram Bachan Yadav and another v. Ram Gopal and others), the impugned order dated 29.3.2016 passed by Up-Ziladhikari Saidpur distt. Ghazipur and the impugned order dated 29.6.2011 passed by Up-Ziladhikari Saidpur, Ghazipur (Annexure 1, 2 and 3 respectively).

2. To issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere into the peaceful possession of the petitioners over the land aforesaid.”

3. Vide order dated 15.3.2018, following prayer was also permitted to be added in the memo of writ petition :

“1.A. Issue a writ, order or direction in the nature of certiorari calling for the record and quashing the impugned order dated 12.10.2017 passed by Additional Commissioner, Judicial-II, Varanasi Division, Varanasi in Revision No. C20161400001175 of 2016 (Ram Bachan Yadav and another v. Gopal) (Annexure 19 to the writ petition).”

4. This much is reflected from the record in question that Hriday Narayan Singh s/o Vansh Lochan Singh, the eighth respondent was in the Indian Army and due to Shaurya Parakram (Gallantry Award), the Old Plot No. 3649 area 8 Biswa 17 Dhoor, Old Plot No. 3650 area 5 Biswa 3 Dhoor and Old Plot No. 150 area 7 Biswa 10 Dhoor (total three plots), total area 1 Bigha 1 Biswa 10 Dhoor of Village Belahari, Tehsil Saidpur, Distt. Ghazipur was allotted to Hriday Narayan Singh (eighth respondent) as per the provisions of law after fulfilling all the requirements prescribed for the purpose and the certificate in Form ZA-58 dated 30.3.1966 was issued to eighth respondent, which has been signed by the Secretary of Land Management Committee and Chairman of Land Management Committee and has been attested by Supervisor Kanoongo as per the provisions of UPZA & LR Rules, 1952 (in short “the Rules of 1952”). It also appears that village in question was also under consolidation operation vide notification dated 2.10.1956 under Section 4 of UPCH Act, 1953 (in short “CH Act”) and thereafter the name of Hriday narayan Singh was recorded in the revenue record in compliance of the order dated 12.8.1966 passed in the Case No. 55/66 by Asstt. Consolidation Officer under Section 5 of CH Act regarding old plot No. 3649, 3650 and 150, which has been renumbered as 1779, 1780 and 59 respectively. CH Form 41 and 45 regarding aforesaid plots have been appended as Anneuxre No. 6 and 7 to the writ petition. It is contended that during the course of time Hriday Narayan Singh became bhumidhar with transferable rights of aforesaid plots. He executed registered sale-deed dated 1.3.2004 regarding Plot No. 1779 area 0.112 hect. and Plot No. 1780 area 0.065 hect. (total two plots) area 0.177 hectare i.e. 14 biswa in favour of the petitioners. Immediately possession was also handed over in favour of the petitioners and their names were also recorded in khatauni in compliance of the order dated 19.11.2010 passed in Case No. 84/554 by Tehsildar, Judicial, Saidpur. The relevant khatauni is also brought on record as Anneuxre No. 9 to the writ petition.

5. It appears that meanwhile one Ram Gopal, the seventh respondent moved an application under Section 33/39 of U.P. Land Revenue Act, 1901 (in short “LR Act”) on 29.12.2010 in the Court of Up-Ziladhikari Saidpur, Distt. Ghazipur, which was registered as Case No. 165 (Ram Gopal v. Hriday Narayan) to the effect that the name of Hriday Narayan be expunged from plot Nos. 17


























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