This writ petition has been filed seeking a writ of mandamus directing respondent nos. 2 and 3 to decide the mutation application with regard to plot no. 896/1 situate in village Basahara, Tappa Daiya, Tehsil Meja, district Allahabad filed claiming on the basis of a registered sale deed dated 12.9.2013 said to have been executed in favour of the petitioner.
I have heard Sri G.C. Dwivedi, learned counsel for the petitioner and learned standing counsel.
In this case the learned standing counsel was directed to obtain instructions as to why the mutation application was not being decided. Instructions were received to the effect that notification under section 4(2) of the UP Consolidation of Holdings Act whereby village in question brought under consolidation operation, has been stayed by this court in WP No. 25702 of 1999 vide order dated 30.12.1999. Initially this interim order was passed for a limited period. Subsequently, by order dated 6.4.2000 this interim order was extended till further orders. This order is operating even today, as is clear from the perusal of the record of the writ petition no. 25702 of 1999 which has been summoned and placed before the Court.
At this juncture Sri G.C. Dwivedi, counsel for the petitioner has submitted that notification under section 4(2) of the Act was issued on 14.10.1983. He further states that as per instructions received by the standing counsel itself, the chaks were carved out and possession has been delivered to the tenure holders. It is after these proceedings have been completed that the interim order was granted on 6.4.2000 staying the operation of the notification under section 4. He, therefore, submits that the interim order has no meaning and therefore is liable to be ignored.
He further submits that in pursuance of order dated 21.12.2012 passed in WP No. 67699 of 2012, Shyams Charan Vs. State of UP and others, the name of Shyama Charan, who had also obtained a sale deed of certain land in the unit in question, was mutated. This sale deed in favour of Shyama Charan has been executed by one Smt. Shyam Kali. Subsequently, Smt. Shyam Kali purchased another piece of land in this village and after obtaining a direction from this Court in WP No. 58342 of 2013 dated 30.9.2013. Shyam Kali was also mutated in pursuance of the sale deed executed in her favour. On the strength of these two proceedings, learned counsel for the petitioner has submitted that the name of the petitioner is also liable to be mutated and necessary directions should be issued by this Court as has been issued in WP No. 67699 of 2012 and WP No. 53842of 2013.
Counsel for the petitioner has also placed before the Court the order dated 19.5.2014 passed by me in WP No. 25303 of 2014; Santosh Kumar Singh Vs. State of UP and others. This writ petition had been filed seeking a direction similar to the one that is sought in the instant writ petition. However, since the copy of order sheet had not been filed, therefore, I had disposed of the writ petition with the direction to the Consolidation Officer concerned to dispose of the pending objection as expeditiously as possible in accordance with law after hearing all necessary parties. No specific time frame had been fixed. This writ petition was disposed of on the first date of hearing itself without calling for any counter affidavit. It appears that even the other two writ petitions had been similarly disposed of without calling for counter affidavits. It is on account of this fact that the operation of the interim order whereby notification under section 4(20) has been stayed, was not brought to the notice of the court. It is thus clear that by three orders relied upon by the counsel for the petitioner, appear to have passed by the Court in ignorance of the interim order of WP No. 25702 of 1999.
In the aforesaid facts and circumstance, the learned standing counsel is called upon to address the court as to whether this Court has jurisdiction to pass orders directing the authorities to expunge or reverse the entries that may have been made in the revenue records in pursuance of the direction issued by this Court in the aforesaid three writ petitions, which directions are clearly in ignorance of the interim order which is operating since the year 2000 and for this purpose the matter may be put up in the additional cause list tomorrow.
At this juncture, counsel for the petitioner Sri Dwivedi has prayed that he may be permitted to withdraw this writ petition. Since several orders have been passed by this Court in ignorance of an interim order which is still operative and about which, it is safe to assume, was within the knowledge of the petitioners of the various petitions mentioned above. In any case, there is no doubt that any mutation orders passed by the consolidation authorities after 30.12.1999 are in the teeth of the interim order of the said date in WP No. 25702 of 1999. I, therefore, refuse to permit withdrawal of this writ petition.
This writ petition shall now be decided after considering the submissions made by the learned standing counsel as also such other submissions that may be made by counsel for the petitioner.
Let this matter be put up tomorrow alognwith the record of WP No. 67699 of 2012, Shyam Charan Vs. State of UP and others decided on 2.12.2012.
Order Date :- 1.8.2014 SKS