Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 2354

IN THE HIGH COURT OF ALLAHABAD
CHANDRA KUMAR RAI, J.
Ravi And 2 Others - Appellants
Versus
State Of UP And 5 Others - Respondents
WRIT - B No. - 1474 of 2024
Decided on : 08-04-2024

Advocates Appeared:
For the Petitioner: Awadh Behari Singh, Jai Prakash Mishra
For the Respondent: C.S.C.

The finality of earlier orders under the U.P. Consolidation of Holdings Act must be respected, and due process must be followed in land record matters.

Headnote:(A) U.P. Consolidation of Holdings Act, 1953 - Sections 6 and 12 - Writ petition challenging the order dated 9.1.2024 passed by the Settlement Officer of Consolidation - The petitioners sought to quash the impugned order and direct the authorities to record their names based on earlier orders - The court found that the order dated 16.1.1992 had attained finality and petitioners were entitled to be recorded as per Section 6(2) of the Act. (Paras 11, 13, 14)

(B) Legal principles - The finality of earlier orders under the U.P. C.H. Act must be respected, and due process must be followed in land record matters. (Paras 6, 9)

Facts of the case:
The petitioners, having purchased property through a registered sale deed, contested an order that sought to expunge their entry based on a double entry issue. The petitioners argued that the impugned order was passed arbitrarily and without due process.

Findings of Court:
The court set aside the impugned order and directed the authorities to decide the petitioners' application expeditiously.

Issues: The main issues were the legality of the impugned order and the entitlement of the petitioners to be recorded based on prior orders.

Ratio Decidendi: The court ruled that the earlier order under Section 12 of the U.P. C.H. Act had attained finality, and the impugned order was set aside for not adhering to due process.

Result: Writ petition allowed.

JUDGMENT :

Chandra Kumar Rai, J.

1. Heard Sri Awadh Behari Singh, learned counsel for the petitioners and Sri B.N. Pathak, learned standing counsel for the state-respondents.

2. With the consent of learned counsel for the petitioners and learned standing counsel, the instant writ petition is being heard & disposed of finally without inviting counter affidavit.

3. Brief facts of the case are that one Shyamraji widow of Kumar executed a registered sale deed on 14.10.1985 with regard to the house situated in village -Hengapur and another sale deed was executed by Shyamraji on 30.11.1991 in respect to plot no-411/0.142 kari, 5M/0.145 kari, 6M/0.028 kari, 7M/0.004 kari situated in village-Hengapur, Tehasil-Sadar, Pergana -Nizamabad, District -Azamgarh. The Assistant Consolidation Officer vide order dated 16.1.1992 ordered to record the name of petitioners in place of Shyamraji under Section -12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "U.P.C.H. Act"). After death of Shyamraji, the name of predecessor of respondent nos-4 to 6 were ordered to be recorded in case under Section -12 of U.P.C.H. Act, vide order dated 20.5.1992 as successor of Shyamraji over the land belonging to Shyamraji including the disputed plots which was transferred by her in favour of predecessor of petitioners, accordingly, petitioner's father filed a revision under Section-48 of U.P.C.H. Act against the order dated 21.5.1992 passed by Assistant Consolidation Officer which was decided on the basis of compromise vide order dated 28.2.2002.

The village in question was notified under Section 6 (1) of U.P.C.H. Act on 22.11.2010. Petitioners filed an application on 22.9.2022 before respondent no-2/Settlement Officer of Consolidation for implementation of the order dated 16.1.1992 passed by Assistant Consolidation Officer under Section-12 of U.P.C.H. Act. The parwana was issued on 24.9.2022. An application was filed at the instance of respondent nos. 4 to 6 for withdrawal of Parwana dated 24.9.2022 and prayer has been made to issue fresh parwana on the basis of order dated 28.2.2002 passed by Deputy Director Consolidation in revision. A report dated 25.9.2023 was submitted by the Consolidation Officer that there is double entry of the plot in dispute in view of the order dated 28.2.2016 passed in Case No-435/1860. On the basis of the report dated 25.9.2023, Settlement Officer of Consolidation passed an order on 3.11.2023, directing the Sub Divisional Magistrate to implement the order dated 28.2.2002, passed by Deputy Director of Consolidation as well as to expunge the double entry made vide order dated 26.2.2016. Another order dated 3.11.2023 was also forwarded to the Sub Divisional Magistrate to cancel the orders dated 25.11.1983 and 16.1.1992. Petitioners filed an application on 8.12.2023 before Settlement Officer of Consolidation for staying the implementation of the subsequent order dated 3.11.2023 issued through letter no-1442, accordingly, implementation of the same was stayed by the settlement Officer of Consolidation vide order dated 8.12.2023 & fixed 12.12.2023 for further order. On 9.1.2024, Settlement Officer of Consolidation has passed the impugned order dated 9.1.2024 to the effect that order dated 26.2.2016 passed by Naib Tahasildar be recalled till 30.1.2024 otherwise entry made in pursuance of the sale deed dated 30.11.1991 will be deemed to be cancelled. Petitioners filed on application to recall the order dated 26.2.2016 passed by Naib Tahasildar in Case No-435/1860. Petitioners also filed an application on 19.1.2024 before Settlement Officer of Consolidation for staying the implementation of the orders dated 9.1.2024/30.1.2024 but no order was passed by Settlement Officer of Consolidation, hence this writ petition for following relief:-

i) Issue writ, order or direction in the nature of certiorari quashing the impugned order dated 9.1.2024 passed by respondent no.2 (Settlement Officer of Consolidation, Tahsil -Sadar, District

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