Failure to pay maintenance can lead to lawful execution proceedings, including property sale, with objections to such sales dismissed if not maintainable.

JUDGMENT

Chandra Kumar Rai, J.

Heard Mr. Rafiuddin Ansari, learned counsel for the petitioner and Mr. Anjani Kumar Chaurasia, learned Additional Chief Standing Counsel for the State-respondents.

2. Brief facts of the case are that due to non payment of maintenance amount awarded under section 125 of Criminal Procedure Code, 1973 against the petitioner, the sale of agriculture holding of petitioner took place on 27.10.2005 under the order of Civil Judge (J.D.) Tilhar, Shahjahanpur dated 17.12.2004/22.7.2005, accordingly, sale certificate was issued on 2.9.2008 in favour of respondent no. 5. Petitioner filed an objection against the sale took place on 27.10.2005 under Rule 285-I of U.P Zamindari Abolition & Land Reforms Rules 1952 (hereinafter referred to as "U.P.Z.A & L.R Rules"). The aforementioned objection was registered as objection No. 35 of 2005-2006 before respondent No 3/Commissioner, Bareilly Division, Bareilly and the same was dismissed as not maintainable vide order dated 14.11.2007 passed by respondent No. 3. Petitioner challenged the order dated 14.11.2007 by way of revision before respondent No 2/Board of Revenue, which was dismissed vide order dated 18.3.2008, hence this writ petition on behalf of petitioner for quashing the impungned order 18.3.2008 passed by respondent No.2 and order dated 14.11.2007 passed by respondent No.3.

3. This Court vide order dated 30.7.2008 directed the petitioner to file supplementary affidavit but no supplementary affidavit was filed for 14 years, however, a supplementary affidavit dated 8.4.2022 has been filed on 2.12.2022 on behalf of petitioner annexing certain documents in compliance of the order dated 11.3.2022 passed by this Court.

4. On behalf of petitioner a Civil Misc Impleadment Application No - 224404 of 2015 was filed with the prayer to implead-Shivpujan Singh (minor) and Shiv Om Singh (minor) under guardian of their natural mother-Smt. Manoja Devi on the ground that a sale-deed has been executed on 16.4.2015 by respondent No- 5 in favour of aforementioned applicants.

5. Learned counsel for the petitioner submitted that objection filed under Rule 285-I of U.P.Z.A & L.R Rules before respondent No-3/Commissioner against the sale took place on 27.10.2005 was maintainable, as such, the impugned order passed by respondent No 3 dismissing the objection as not maintainable, is wholly illegal. He further submitted that mandatory provision contained under the Rules 281, 282 & 284 of U.P.Z.A & L.R Rules have not been followed, as such, the entire proceeding of sale is vitiated. He further placed the provisions contained under sections 280, 281 & 282 of U.P Zamindari Abolition & Land Reforms Act, 1950 as well as provisions contained under Sections 146,147 & 149 of U.P Land Revenue Act 1901, which provides the procedure for recovery of the amount as arrears of land revenue. He further submitted that petitioner's 45 Bigha of agriculture holding has been sold for the recovery of the amount of Rs. 75000/-, which is wholly illegal. He further submitted that the respondent No-2/Board of Revenue has also failed to exercise his jurisdiction in accordance with law, as such, impugned orders are illegal & liable to be quashed. He further placed reliance upon the judgments reported in 1990 Allahabad Civil Journal 434, Ram Swaroop v. Board of Revenue (Full Bench) & 1997 Allahabad Civil Journal 1236, Prithvipat v. State of U.P. & others.

6. On the other hand, Mr. Anjani Kumar Chaurasia, learned Additional Chief Standing Counsel for the State-respondents submitted that impugned orders have been rightly passed by the Commissioner as well as Board of Revenue rejecting the objection filed by the petitioner, under Rule 285-I of U.P.Z.A & L.R Rules as not maintainable as well as revision. He further submitted that the sale has taken place in pursuance of the order passed by Civil Judge in execution proceeding under Section 128 of Criminal Procedure Code and sale certificate has been issued in favour of