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IN THE HIGH COURT OF ALLAHABAD
CHANDRA KUMAR RAI
Bhaggan Devi – Appellant
Versus
Board Of Revenue U.P. At Allahabad – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Heard Mr. V.K. Singh, learned Senior Counsel assisted by Mr. Manvendra Nath Singh, learned counsel for the petitioner, Mr. Pradeep Singh, learned counsel for respondent no.4/ Gaon Sabha and Mr. Tarun Gaur, learned Standing Counsel for the State-respondents.
2. Brief facts of the case are that plot no.114 area 0.417 hectare is situated at Village- Bharuhana, District-Mirzapur. The aforementioned plot originally belongs to one Munna Lal Sonkar and after his death his six sons became owner of equal share in the plot in question. One Babu Nandan son of Munna Lal Sonkar sold his entire share (1/6 share) by means of registered sale deed alleged to be executed on 11.11.2003 in favour of respondent no.11/ Rajendra Kumar Tripathi. Respondent no.11 applied for mutation on the basis of aforementioned sale deed which was allowed vide order dated 21.7.2006 but on the restoration application filed by Panna Lal mutation order dated 21.7.2006 was recalled and mutation application was rejected, accordingly, name of original tenant was restored. The sale deed alleged to be executed on 11.11.2003 was challenged in Civil Suit no.1054 of 2016, Computerized Case No.15010
A sale deed canceled by a Civil Court prevents subsequent actions vesting the land in the State, affirming the validity of the registered sale deed in favor of the petitioner.
Mutation orders based on valid sale deeds remain effective despite ongoing civil disputes; judicial review under the U.P. Land Revenue Act is limited to clear illegality.
The court affirmed that administrative decisions related to land mutation, when following due process, are not overridden by ongoing civil litigation regarding the same subject matter.
The Assistant Collector First Class is the sole authority to declare agricultural land transactions void under Section 166 of the U.P. Zamindari Abolition and Land Reforms Act.
The mutation application based on an unchallenged sale deed cannot be dismissed in summary proceedings, affirming the Board of Revenue's review authority under the U.P. Land Revenue Act.
Only the Assistant Collector First Class is authorized to declare transactions void under Section 157-A of the U.P. Z.A. and L.R. Act, requiring proper inquiry into caste claims before such declarati....
The Board of Revenue must provide adequate reasoning in its orders; a cryptic order is unsustainable in law.
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