Court No. - 9
Case :- WRIT - C No. - 22183 of 2019 Petitioner :- Chaman Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Kumar,Brijesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Heard Sri Chandra Kumar Mishra, learned counsel for the petitioner and leaned Standing Counsel on behalf of the respondents.
The petitioner has preferred the present writ petition with the following prayer:-
(i) Issue a writ, order or direction in the nature of writ of mandamus commanding and directing the respondent No.2, Sub Divisional Magistrate, Ghaziabad, District Gautam Budh Nagar to mutate the petitoner's name over the Khata No.265 or Khasra No.488/1, Area 14 Biswa and Khasra no.539 area 1 Bigha 16 Biswa, Khasra no.486 area 13 Biswa and 115 Biswansi and 18 Biswa, Khasra No.518 area 1 Bigha 13 Biswa 12 Biswansi, Khasra No.487 area 2 Bigha 6 Biswa and 14 Biswansi, situated in village Mahiuddinpur, Kanawani District Gautam Budh Nagar.
In the aforesaid case on 11.07.2019 following was passed :-
"Learned counsel for the petitioner states that when a decree was passed in his favour in a Declaratory Suit, his name ought to have been entered in the revenue records. To that effect, learned counsel for the petitioner submits, an application was also filed on 1.7.2016. He submits that no heed was being paid on his application. In fact, learned counsel for the petitioner also pointed out to an order dated 20.7.2016 which was passed by the Sub Divisional Officer, Ghaziabad. He submits that despite the applications and the orders, the revenue records were not being rectified.
Learned Standing Counsel to take instructions. Put up this case on 30.7.2019 as fresh"
Since the State was not complied with the aforesaid order, vide order dated 01.08.2019 learned Standing Counsel granted a weeks' further time to comply with the order dated 11.07.2019 and the matter was directed to put up as fresh on 8.8.2019.
Today when the matter is taken up, again a request is made by learned Standing Counsel to grant some more time in order to comply with the order dated 11.07.2019.
Heard learned counsel for the parties and perused the record.
From perusal of the record, it transpires that the brother of the petitioner namely Charan Singh filed a declaratory suit under Section 229-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act 1950 (hereinafter referred to as "the Act, 1950") regarding Khata No.265, Khasra No.488/1 area 14 Biswa and Khasra No.539 area 1 Bigha 16 Biswa, Khasra No.486 ara 13 Biswa and 115 Biswansi and 18 Biswa, Khasra No.518 area 1 Bigha 13 Biswa 12 biswansi, Khasra No.487 area 2 Bigha 6 Biswa and 14 Biswansi, situated in village Mahiuddinpur, Kanawani District Gautam Budh Nagar (hereinafter referred to as "disputed plots") which was registered as Suit No.371 of 1987.
In the aforesaid suit a decree was passed in favour of petitioner's brother namely Charan Singh, vide judgement and decree dated 28.8.1992 but the Court below refused to declare the bother of the petitioner as Bhumidhar. Against the aforesaid judgement and decree dated 28.8.1992, the brother of the petitioner namely Charan Singh filed an appeal before the Commissioner Meerut Division Meerut which was registered as Appeal No.27/1992-93 under Section 331 of the Act, 1950. The aforesaid appeal was decided by the Commissioner Meerut Division Meerut vide its judgement and order dated 30.04.1993 by which the brother of the petitioner was declared as Bhumidhar of the aforesaid Gatas. Against the order dated 30.4.1993, the State Government filed a second appeal before the Board of Revenue which was registered as Second Appeal No.176 of 1992-93 (State of U.P. Vs. Charan Singh). The aforesaid second appeal was also dismissed by the Board of Revenue at Allahabad vide its judgement and order dated 19.2.1998.
It is contended by learned counsel that the petitioner that Sri Charan Singh (plaintiff) was died in the month of March, 2012 and the petitioner is the successor of the deceased Charan Singh. It is further contended that State Government also filed a review application before the Board of Revenue at Allahabad which was registered as Review Application No.35 of 2005-06. The same was also dismissed on 30.11.2016. It is contended in paragraph 12 of the writ petition that before the review application, filed by the State Government, was rejected by the Board of Revenue, the petitioner filed a mutation application before the respondent No.2/Sub Divisional Magistrate Ghaziabad District Gautam Budh Nagar on 1.7.2016. The respondent No.2 vide its order dated 20.07.2016 directed his subordinate officers to enter the name of the petitioner in respect of disputed plots in the revenue record. It is contended that in the meantime, some villagers want to dispossess the petitioner from the disputed plots as such the petitioner preferred a writ petition before this Court being Civil Misc.Writ Petition No.3628 of 2013 (Charan Singh Vs. State of U.P. and others). In the said writ petition, an interim order was granted in favour of the petitioner. Ultimately the said writ petiton was dismissed as withdrawn by the petitioner and the order to this effect was passed by the Co-ordinate Bench of this Court on 15.7.2016.
It is contended that in spite of the aforesaid directions, till date the name of the petitioner has not been mutated in the revenue records, although all the orders were passed in favour of the petitioner. It further contended that the application submitted by the petitioner for mutation before second respondent is still pending consideration. In the view of the same, the petitioner has preferred the present writ petition with the prayer to issue a mandamus directing the second respondent namely Sub Divisional Magistrate Ghaziabad, District Gautam Budh Nagar to mutate the name of the petitioner in revenue records.
Heard learned counsel for the parties and perused the record. With the consent of learned counsel for the parties, this writ petition is disposed of at the admission itself.
From perusal of the record, it is clear that the suit filed by the brother of the petitioner namely Charan Singh was finally decided in his favour way back in the year 1992. Thereafter, the appeal was filed by him before the Commissioner against a part of the judgement by which he was not declared as Bhumidhar. the said appeal was allowed by the Commissioner Meerut Division Meerut vide its judgement and order dated 30.4.1993. The said judgement has become final as the second appeal filed by the State is dismissed. Sri Charan Singh (plaintiff) was died in the month of March, 2012. In view of the same the petitioner who is brother of the original tenure holder submitted an application before the respondent no.2 for mutation of his name in the revenue record. The said application filed by the petitioner on 1.7.2016 (Annexure 7 to the writ petition) is pending even today for consideration.
In the facts and circumstances of the case, a Mandamus be issued to the respondent No.2/Sub Divisional Magistrate, Ghazianbad, District Gautam Budh Nagar to decide the application dated 1.7.2016 submitted by the petitioner before him expeditiously and preferably within a period of four months from the date of production of certified copy of this order.
With the aforesaid observations, the writ petition is disposed of.
It is made clear that this Court has not expressed any opinion on merits of the case and respondent No.2 is free to pass orders in accordance with law without influencing any observations made by this Court.
Order Date :- 26.8.2019 saqlain