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VIVEK CHAUDHARY
Farooqi Begum – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Ms. Nitya Ramakrishnan, learned Senior Advocate assisted by Sri Ashwath Sitaraman, Ms. Pragya Pandey, Mr. Mehul learned counsel for the appellant, Sri Sanjay Kumar Singh Additional Chief Standing Counsel along with Sri Rishi Kant, Standing Counsel and perused the record.
2. The facts of the case, as per the plaint averments are that 20 Bighas, 10 Biswas (Pukhta) of Bagh Huzoor Pasand situated in village-Thotar, Tehsil Sadar, District Rampur was given as a grant to Farooqi Beguam, defendant-appellant, one of the begums of H.H. Nawab Hamid Ali Khan, Nawab of Rampur State, by a deed dated 17.04.1924. Similar grants were made in favour of other begums of Nawab. The said grants were resumable at pleasure and after death of Nawab Hamid Ali Khan in 1930, his successor Nawab Raza Ali Khan resumed all grants in favour of all widows of his father, including that in favour of Farooqi Begum. The possession was taken over by the State authorities and the same was duly recorded in the relevant papers and thus, the grove concerned stood recorded in the name of State (Shamil Khalasa). Farooqi Begum and her servants, through collusion with revenue officers, got her name entered in
Resumption of grant must be proved by credible documentary evidence. Finding recorded by a Class-I Officer of State could not be easily ignored.
The court affirmed that land recorded as Abadi under the U.P. Zamindari Abolition and Land Reforms Act, 1950, remains vested in the State, allowing for resumption under Section 117(6) despite claims ....
Fraudulent entries in revenue records do not confer legal rights; land designated as forest is public utility land and cannot be claimed without proper legal basis.
Point of Law : Both courts erred in holding that once mutation proceedings are over with no objections from defendant-appellants, they are estopped from questioning the validity of sale deed dated.
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