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IN THE HIGH COURT OF ALLAHABAD
MAHESH CHANDRA TRIPATHI, J.
SHIV CHANDER DEVI - Appellant
Vs.
COMMISSIONER VARANASI DIVISION - Respondent
Writ C. No. 12986 of 2018
Decided on : 10-04-2018
Abadi - Property Dispute - U.P. Revenue Code, 2006, Section 144, Section 133, Section 143 - The court discussed the provisions of Section 143 of the U.P. Revenue Code, 2006, which deals with the use of holding for industrial or residential purposes. The court highlighted that upon the grant of the declaration mentioned in sub-section (1) of Section 143, the provisions of the Chapter shall cease to apply to the Bhumidhar with transferable rights with respect to such land. The court found that the entire proceedings initiated by the respondent were not maintainable and were barred by law due to the declaration made under Section 143.
Fact of the Case:
The case involved a property dispute related to Gata No. 169/3 area 21/2/3 decimal situated at Gram Nasirpur, Pargana Dehat Amanant, District Varanasi. The respondent no. 3 initiated proceedings under Section 144 read with Section 133 of the U.P. Revenue Code, 2006 against the petitioners, claiming ownership and possession of the property due to a typographical error in a sale deed.
Finding of the Court:
The court found that the declaration had already been made under Section 143 of the UPZA&LR Act, and the entire proceedings initiated by the respondent were not maintainable and were barred by law.
Issues: The issues involved the ownership and possession of the property, the validity of the proceedings initiated under Section 144 read with Section 133 of the U.P. Revenue Code, 2006, and the applicability of Section 143 of the UPZA&LR Act.
Ratio Decidendi: The court held that the provisions of Section 143 of the U.P. Revenue Code, 2006, were applicable in the case and that the entire proceedings initiated by the respondent were not maintainable and were barred by law.
Final Decision: The court set aside the orders dated 13.11.2017 and 28.02.2018 and allowed the present writ petition, granting liberty to the 3rd respondent to agitate her claim before the appropriate forum.
Mahesh Chandra Tripathi, J.
Heard Shri Udai Chandani, learned counsel for the petitioners, Shri Rajesh Srivastava, learned Standing Counsel for respondents no. 1 and 2, Shri Vinod Kumar Yadav learned counsel for respondent no. 3 and Shri Manoj Kumar Yadav, learned counsel for respondent no. 4-Gram Sabha.
2. Petitioners by means of the present petition have approached this Court for the following reliefs :-
"(a). issue a suitable writ, order or direction in the nature of certiorari quashing the order dated 28.02.2018 passed by respondent no. 1 in Revision No. 1588 of 2017 Shiv Chander Devi & another v. Shiv Chander Devi & another relating to property bearing Gata No. 169/3 area 21/2/3 decimal situated at Gram Nasirpur, Pargana, Dehat Amanant, District Varanasi.
(b). issue a suitable writ, order or direction in the nature of certiorari quashing the order dated 13.11.2017 passed by respondent no. 2 in Case No. 124 of 2017 (Shiv Chander Devi & another v. Shiv Chander Devi & another) arising out of proceeding under Section 144 of U.P. Revenue Code, 2006 relating to property bearing Gata No. 169/3 area 21/2/3 decimal situated at Gram Nasirpur, Pargana Dehat Amanant, District Varanasi.
(c). issue a suitable writ, order of direction in the nature of mandamus restraining the respondent no. 3 from alienating or creating any third party interest on the property in question pertaining to the property bearing Gata No. 169/3 area 21/2/3 decimal situated at Gram Nasirpur, Pargana Dehat Amanant, District Varanasi, during the pendency of the present writ petition."
3. From the records of the present writ petition it is evident that the matter relates to Gata No. 169/3 area 21/2/3 decimal situated at Gram Nasirpur, Pargana Dehat Amanant, District Varanasi.
4. On 23.03.2017 a case under Section 144 read with section 133 of U.P. Revenue Code, 2006 was preferred by respondent no. 3 against the petitioner relating to property bearing Gata No. 169/3 area 21/2/3 decimal situated at Gram Nasirpur, Pargana Dehat Amanant, District Varanasi.
5. The allegations against the petitioners was that the father of the petitioners executed a sale deed on 17.09.1991. On the basis of the said sale deed the respondent no. 3 became the owner of the property in question and is in possession of the same. Due to some inadvertence and typographical error in the sale deed, Arazi No. 1691 has been typed in place of Arazi No. 169/3. There is no Arazi No. 1691 in existence on the property in question. It has been alleged that the respondent no. 3 was totally unaware of the typographical error as she was not staying in District Varanasi.
6. Respondent no. 3 on receipt of information through some reliable sources had filed an application for correction. It is also reflected that while moving the application under Section 144 read with Section 133 of the U.P. Revenue Code, 2006, respondent no. 3 has claimed for the relief of declaration on the property in question along with the relief of restoration of possession and the petitioners may be evicted from the same.
7. Petitioners have filed a detailed objection/written statement to the claim set up by respondent no. 3. It has also been claimed that the name of the petitioners were recorded in the revenue records 30 years back. Photocopy of the Khatauni of Fasli Year 1416-1421, 1422- 1427 is enclosed with this petition as Annexure-7.
8. In this background Shri Chandani precisely submits that the petitioners had also proceeded to move an application for declaration of property in question as 'Abadi' under Section 143 of the UPZA&LR Act in the year 2003 and the same was allowed on 03.03.2003. Consequently, the same has also been recorded as 'Abadi' in the relevant revenue records.
9. It is further submitted by the learned counsel for the petitioners that once the property in question has been declared as 'Abadi' under Section 143 of the UPZA&LR Act, the jurisdiction of the Revenue Court will be barred and the entire proceedings are vi
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