CHANDRA KUMAR RAI
Rishabh Anand Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
CHANDRA KUMAR RAI, J.
1. Heard Sri Awadhesh Kumar Malviya, learned counsel for the petitioner, Sri Rishi Kant Rai, learned counsel for respondent No. 4/Smt.Urmila Singh and Sri Abhishek Shukla, leaned Addl. C.S.C. for the state-respondents.
2. Brief facts of the case are that plot No. 60, area 0.019 hect. Situated in village Chandanwaha, Tehsil Sadar, District Ghazipur is recorded in the name of petitioner in the revenue records vide order dated 13.10.2022. The particular of the order recording the name of the petitioner over the plot in dispute is mentioned in the remark coloumn of khatauni of 1429-1434 fasli which is annexed as Annexure No. 1 to the writ petition. Against the order dated 19.01.2011, passed by the Tehsildar recording certain tenure holders over the plot in dispute, an appeal was filed by one Mahendra Pratap Singh which was allowed vide order dated 16.09.2021. The order dated 16.09.2021, allowing the appeal filed by Mahendra Pratap Singh has attained finality. The plot in dispute belongs to one Ram Sunder Singh who sold the same to Smt.Chinta Singh. Three sets of mutation proceedings have been initiated before the Tehsildar, one set of dispute was set up by
Administrative authorities cannot interfere in ongoing civil disputes, ensuring respect for judicial processes and maintaining the status quo.
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
The court reinforced that administrative decisions must consider ongoing civil proceedings and legal injunctions, ensuring maintainability assessments align with established legal provisions.
Proper issue framing and evidence assessment are essential in land rights claims; failure to do so necessitates remand for lawful adjudication.
In disputes over land title, interim injunctions are not maintainable if the title is highly disputed, necessitating resolution through comprehensive suits for declaration of title.
Mutation proceedings are fiscal inquiries and do not determine right, title, and interest in the property. The mandatory requirements under section 14(2) must be adhered to, and disputes regarding ri....
Mutation orders based on valid sale deeds remain effective despite ongoing civil disputes; judicial review under the U.P. Land Revenue Act is limited to clear illegality.
Irrigation slips alone do not establish ownership or adverse possession; adequate evidence and lawful possession are required to substantiate claims over land.
The court affirmed that prior adjudications in consolidation proceedings are binding, and the petitioners' claims lacked legal basis under the U.P. Revenue Code.
The court reiterated that admissions in a written statement regarding property transactions create binding effects on claims of ownership, thereby restricting contesting rights based on previously es....
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