Court No. - 10
Case :- WRIT - C No. - 36275 of 2018 Petitioner :- Mohd. Umar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vijay Mani Tiwari,Bhuvneshvar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Vijay Mani Tiwari, learned counsel for the petitioner and Shri B.B. Pandey, learned Additional Chief Standing Counsel for the State respondents.
Petitioner is before this Court assailing the validity of order dated 07.10.2013 passed by Nayab Tehsildar, Tehsil and District Fatehpur in Suit no.59/17/859/2005-13 (Mohd. Shakeel and others vs. Hazi Salamat Ullah) under Section 34/35 of L.R. Act; order dated 23.07.2014 passed by Sub Divisional Officer, Tehsil Sadar, Fatehpur in Appeal no.191 of 2013 (Mohd. Umar vs. Mohd. Shakeel and others) under Section 210 of L.R. Act; and order dated 02.04.2018 passed by Commissioner, Allahabad Division, Allahabad in Case no.1683 of 2014 (Mohd. Umar vs. Mohd. Shakeel and others) under Section 219 of L.R. Act.
At the very outset, Shri Bipin Bihari Pandey, learned Additional Chief Standing Counsel submits that in pith and substance the petitioner is challenging the proceeding under Section 34/35 of the L.R. Act, which is summary in nature and against the same there is full-fledged mechanism provided under Code of Civil Procedure/U.P. Revenue Code, 2006 for filing of suit for crystallization of rights over the land in question and as such, this Court should not at all interfere in the matter.
Once such an objection has been made, this Court has proceeded to examine the record in question and finds substance in the contention raised by the learned Additional Chief Standing Standing counsel as admittedly the proceeding under Section 34 of L.R. Act 1950, which is summary in nature, does not at all conform or extinguish any right or title of anybody over the property in question. Even the Revisional Court has proceeded to observe that in the matter of cancellation of Will, the Revenue Court has no power to interfere and the Competent Authority is Civil Court. Once all the three forums that are so provided under the statute have declined to interfere in the matter, then in case petitioner is aggrieved with the said proceeding, they can always approach to the appropriate forum by way of filing suit for redressal of their grievance as has been provided under Code of Civil Procedure/U.P. Revenue Code, 2006 Accordingly, the writ petition is dismissed on the ground of alternative remedy.
Order Date :- 31.10.2018 A. Pandey