IN THE HIGH COURT OF ALLAHABAD
KSHITIJ SHAILENDRA, J.
Chandra Bhan Singh - Petitioner
Versus
State of U.P. and 3 ors. - Respondents
WRIT - C NO. - 7849 OF 2023.
Decided On : 04-04-2023
| Table of Content |
|---|
| 1. petitioner challenges orders affecting land possession. (Para 2 , 3 , 4 , 5 , 6) |
| 2. petitioner argues claim of fraudulent entries. (Para 9 , 10) |
| 3. court analyzes assertions of evidence and legality. (Para 12 , 13 , 14) |
| 4. no grounds to quash impugned orders. (Para 18 , 19 , 20) |
| 5. direction issued for timely conclusion of proceedings. (Para 22 , 23) |
JUDGMENT
Kshitij Shailendra, J.
Heard Sri Chandra Bhan Singh, the petitioner, who has appeared in person and the learned Standing Counsel representing the State-respondents.
2. The petitioner, who is a practising lawyer of this Court, has filed present writ petition challenging the orders dated 03.10.2022 and 28.06.2022, respectively, passed by the Commissioner, Chitrakoot Dham, Division, Banda (respondent no.) and Tehsildar, Banda (respondent no.3) in Case No.1751 of 2018 (Computerized Case No. T201807110101751).
3. Writ in the nature of mandamus has been sought to direct the respondent no.2 i.e. the Commissioner, Chitrakoot Dham Division, Banda to decide the application/complaint dated 03.10.2022 within stipulated time in accordance with established procedure of law and also direct the respondent no.3 to correct the revenue records deleting P.A 11 entries in pursuance of Section 33 -A L.R. Act read with Land Records Manuals.
4. Further prayer has been made to issue a writ in the nature of contempt of Hon'ble High Court orders and judgments being court of record under Article 215 of the Constitution of India. Another writ in the nature of mandamus has been sought to direct the respondents to restore and recover possession of land Khata No.1116 plot nos. 1804/1, 1804, 1809, 1805, 1853/2, 1856, 1865, 2056, 2058, 2065/1, 2084/1, 2085, 2086/1, 2089, 2091, 2259/1, 2264, 2265 following the procedure prescribed under the law.
5. The contention of petitioner is that the right of possession of the petitioner as well as three brothers is being adversely affected on account of P.A. 11 entries in the revenue records. It is contended that the petitioner's father executed will dated 02.07.2001 in favour of the petitioner and his 3 brothers, namely, Bachcha Singh, Ramesh Singh and Veerendra Singh @ Pappu Singh all sons of Late Sharda Singh excluding elder son (Indrajeet Singh) who was residing with his cousin brother Late Sri Sadashiv Singh. It is further contended that the mutation case no. 1087 (Bachcha Singh @ Sharda Singh) was filed under Section 33 /34 of U.P. Z.A. & L.R. Act in the court of Tehsildar Sadar, Banda in which notices were issued and served upon the legal heirs but the matter is pending for the last 20 years. It is further contended that a conspiracy has been hatched up by revenue officials, particularly Halka Lekhpal and Revenue Inspector, who reported on 23.08.2001 P.A. 11 entries in the revenue records to frustrate purpose of "will" executed in favour of petitioner, along with three brothers. Resultantly, name of excluded person Indrajeet Singh @ Natthu Singh entered in the revenue records and he, under the garb of P.A. 11 entries, in case of testamentary property, captured the land with support of erring revenue officials along with local police, as such created a dispute that is pending for the last 30 years. It is further contended that the mother as well as elder brother (Indrajeet Singh) of the petitioner had also submitted their no objection affidavits before the Court concerned/respondent no. 3 on 08.11.2007 stating therein that they have no objection, either with the "will" (Vasiyatnama) or mutation proceeding. As such, entire proceedings have already been concluded and completed after submission of no objection affidavits but, till date, neither final decision has been taken nor have P.A. 11 entries been deleted by the respondent no. 3, in order to provide undue advantage to the unscrupulous persons. Moreover, illegally and unnecessarily the matter is being lingered on with connivance of some persons inimical to the petitioner.
6. In sum and substance
Baldev v. Deputy Director of Consolidation
Summary proceedings under the U.P. Revenue Code cannot adjudicate title disputes; petitioners may seek declaration of rights through a regular suit.
Writ petitions against mutation orders are maintainable if they violate natural justice or are issued without jurisdiction, reaffirming the need for proper procedural adherence in land revenue matter....
The main legal point established is the requirement of notice and opportunity of hearing to the petitioner before passing orders under Sec.5(3) of the A.P. Record of Rights in Land and Pattedar Passb....
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
The court emphasized the necessity of proper notice to all interested parties in land disputes, ruling that orders passed against deceased persons are null and void.
Right to claim title on basis of adverse possession - Any entry made on basis of adverse possession same was to be communicated to person concerned and person claiming is required to prove that it wa....
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