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2023 Supreme(All) 2274

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

Advocates appeared:
For the Petitioner: Ramesh Kumar Mishra.
For the Respondent: C.S.C.

Headnote:(A) U.P. Revenue Code, 2006 - Section 35 - Mandamus sought to correct revenue records and restore possession of land based on a will executed in favor of petitioner and his brothers. The petitioner argued that wrongful P.A. 11 entries adversely affected their rights. Court found no merits to quash orders despite petitioner’s grievances. Respondent to conclude pending proceedings expeditiously. (Paras 4, 18, 22)

(B) Powers of Revenue Authorities - Revenue records do not solely govern title; administrative entries cannot resolve testamentary succession disputes. The court emphasized the necessity of completing quasi-judicial processes prior to litigation on amendments to records. (Paras 14, 16)

Facts of the case:
The petitioner challenged orders hindering correction of revenue records affecting land ownership rights as per a will executed by his father, alleging fraudulent entries. The dispute has been pending for 30 years with revenue officials allegedly colluding to obstruct rightful claims. (Paras 5, 6)

Findings of Court:
The Court found no grounds to quash the impugned orders, stating the petitioner could pursue his claims through ongoing proceedings, emphasizing the need to exhaust available legal remedies. (Paras 18, 22)

Issues: Whether the petitioner is entitled to challenge administrative entries impacting his title and the adequacy of the pending proceedings under Section 35 of the U.P. Revenue Code. (Paras 13, 20)

Ratio Decidendi: The court concluded that the resolution of title disputes rests within the procedural realm of ongoing quasi-judicial processes. The petitioner’s grievances do not warrant intervention at this stage. (Paras 18, 22)

Result: Writ petition disposed of with directions for expedited resolution of ongoing proceedings.

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

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