The court established that revenue entries must be corrected following the abatement of prior proceedings, regardless of the section under which the application was made.

JUDGMENT :

Manish Kumar Nigam, J.

1. Heard learned counsel for the parties and perused the records.

2. Instructions have been submitted by Sri Abhishek Shukla, learned Additional Chief Standing Counsel, which are taken on record and since there is no factual controversy involved in the matter, the petition is being decided with the consent of parties, at the admission stage itself.

3. This writ petition has been filed for the following reliefs:-

"i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 11.03.2024 passed by the respondent no. 2 (Annexure No. 1);

ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to allow the application dated 28.08.2023 moved by the petitioner trust under Section 34 of the Uttar Pradesh Revenue Code, 2006 and enter the name of the petitioner trust against the land in question situated at Village Mukarrabpur, Pallera, Pargana Daurala, Tehsil Sardhana, District Meerut."

4. By the order impugned dated 11.03.2024 passed by respondent No. 2, the application of the petitioner for recording petitioner's name in the revenue records has been rejected by respondent No. 2.

5. Brief facts of the case are that petitioner- Trust purchased land bearing Khasra No. 85/A (85/1) measuring 0.5750 hectares and 85/B (85/2) measuring 7-11-7 Bighas situated at village Mukarrabpur Pallera, Pargana Daurala, Tehsil Sardhana, District Meerut from its recorded tenure holder- Zulfikar and others by means of a registered sale deed dated 23.12.1978. After the purchase, land was mutated in the revenue records in the name of the petitioner-Trust. The petitioner-Trust constructed a building for establishing school in the name of Dayawati Modi Academy and the school started in the year 1981 and is being run on the said land by the Trust. An order dated 30.03.1998 was passed by the competent authority- Urban Land Ceiling, Meerut under Section 10(3) of the Urban Land (Ceiling and Regulation) Act, 1976 against the vendors of the petitioner and the land was declared surplus and in view of Section 10(3) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred as Act of 1976), the land stood vested with the State Government. Though, the petitioner was recorded tenure holder but the order dated 30.03.1998 was not served upon the petitioner. After the order dated 30.03.1998 passed by Urban Land Ceiling, Meerut, the land was recorded in the name of State Government after expunging the entry, which was in the name of the petitioner. On 12.10.1999, a notice was issued by the Revenue Inspector for taking the possession of the land in dispute fixing 27.10.1999 the date for delivery of possession. The petitioner-Trust challenged the order dated 30.03.1998 passed by the Urban Land Ceiling, Meerut and the consequential notice dated 12.10.1999 issued by the Revenue Inspector by means of Writ C No. 45403 of 1999 (Gujjar Mal Modi Charitable Trust Vs. State of U.P. and others). The aforementioned writ petition was allowed by this Court vide order dated 24.01.2023 holding inter alia that the notice dated 12.10.1999 was issued after the commencement of Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter referred as Act of 1999) (Repeal Act came enforce with effect from 18.03.1999). It was held by this Court that notice issued by the State under Section 10(5) of the Act of 1976 was void ab initio and therefore, the notice dated 12.10.1999 was quashed. Against the judgment dated 24.01.2023 passed by this Court in Writ C No. 45403 of 1999, Special Leave Petition being S.L.P. No. 35345 of 2024 (State of U.P. and others Vs. Gujjar Mal Modi Charitable Trust) was filed by the State of U.P. before the Supreme Court, which was also dismissed by the Supreme Court. After the judgment of this Court dated 24.01.2023 passed in Writ C No. 45403 of 1999, on 24.08.2023, an application was moved by the petitioner under Section 34 of the U.P. Revenue Code, 2006 f