Court No. - 18
Case :- WRIT - C No. - 14831 of 2018 Petitioner :- Babuji @ Uday Veer And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ram Pratap Yadav Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri R.P. Yadav, learned counsel for the petitioners and learned Standing Counsel for the State respondents.
Petitioner is before this Court with the request to command the Tehsildar Tehsil Sadar, District Firozabad to pass an appropriate order for recording the name of the petitioners in the proceeding under Section 34 of the Land Revenue Act, over the Plot bearing Khasra no.111 area 1.092 hectare, situated in Village Milikhaanjahanpur, Tehsil and District Firozabad and to protect the possession of the petitioners over the plot in question.
Record in question reflects that earlier the petitioner has filed Writ Petition no.6639/2016 (Babuji @ Udai Veer and another vs. State of U.P. and others) assailing the validity of order dated 21.01.2016 passed by Additional Commissioner (Judicial), Agra Division, Agra in Revision no.C1519 of 2014 (Babuji @ Udai Veer and others vs. Smt. Meenu maheshwari and others) under Section 219 of Land Revenue Act. It appears that on the basis of registered sale deed dated 31.03.2003 executed by Phool Singhand Mukesh sons of Ram Swaroop and Babuji @ Udai Veer son of Jhamman Lal, the names of Smt. Meenu Maheshwari and Mukta Maheshwari have been mutated in the year 2003 itself i.e. on 14.7.2003. The recall application dated 15.10.2012 was filed by Phool Singh and Mukesh sons of Ram Swaroop and Babuji @ Udai Veer son of Jhamman Lal alongwith application under Section 5 of the Limitation Act. The ground taken for recall of the mutation order was that the sale deed was an outcome of fraud. The said writ petition was allowed vide order dated 17.02.2017 with following observations:-
"In view of the above discussion, the order passed by the Revenue Authorities in rejecting the recall application is found to be illegal having been passed without application of mind.
The order dated 21.1.2016 passed by the Additional Commissioner (Judicial), Agra Division, Agra in allowing the recall application filed by respondent nos. 5 and 6 and the remittal order dated 13.5.2015 are hereby set aside. The order dated 13.5.2015 is affirmed. The matter is remitted back to the Tehsildar to decide the recall application dated 15.10.2012 on merits after giving due opportunity of hearing and to lead evidence to the parties concerned.
An expeditious decision in accordance with law shall be taken within a period of four months from the date of submission of certified copy of this order, without granting unnecessary adjournments to either of the parties.
The Tehsildar shall decide the recall application independently without being influenced by any of the observations made hereinabove.
With the above observations and directions, the writ petition is allowed."
In furtherance of the order dated 17.02.2017 passed by this Court, the Tehsildar concerned has proceeded to recall the ex-parte order dated 14.07.2003 vide order dated 15.01.2018.
Learned counsel for the petitioners, in this backdrop, states that no doubt in the said proceeding, the date was fixed for 23.01.2018 and objections were called for but anyhow the said proceeding has not been finalized and as such, request has been made that once the ex-parte order has been recalled, in such a situation, by all practical purpose, the application under Section 34 L.R. Act is liable to be decided by the Tehsildar concerned and petitioners have also assailed the validity of the alleged sale deed in suit for cancellation of sale deed and meanwhile there is every likelihood that the parties would create third party interest in respect of land in question and as such, this Court should come for rescue and reprieve of the petitioners.
Learned Standing Counsel very fairly states that in case the aforesaid proceeding is still pending, the same shall be considered and decided by the Authority concerned expeditiously.
Considering the entire facts and circumstances of the case, on consent, the writ petition is disposed of finally with a direction to the Tehsildar Tehsil Sadar, District Firozabad to finalize the aforesaid proceeding in accordance with law expeditiously, preferably within a period of three months from the date of production of a certified copy of this order before him, without granting unnecessary adjournments to either of the parties, except upon payment of cost but certainly after according opportunity of hearing to all the stake holders in the matter. It is made clear that the parties shall maintain the status quo as of today qua the property in question till the finalization of the said proceeding.
Order Date :- 24.4.2018 A. Pandey