Notice on behalf of opposite party no. 1 has been accepted by learned Chief Standing Counsel.
Issue notice to the opposite parties no. 2 to 4, returnable at an early date.
Heard learned counsel for the parties and perused the record.
By means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the impugned order dated 15.12.2009, passed by opposite party no. 1, as contained in Annexure No. 1 to the writ petition.
Submission of learned counsel for the petitioners is that the land Gata No. 150Mi and 151Mi, situated in village Bargaon, pargana, tehsil and district Gonda was initially recorded in the name of Smt. Sudha Pathak wife of Hanuman Prasad, resident of village Jai Nagra, Pargana, tehsil and district Gonda who on 24.1.2008 executed the sale deed of the said land in favour of the petitioners. The petitioners after execution of the sale deed of the said land applied for mutation under section 34 of the U.P. Land Revenue Act before the Tehsildar (Jduciail), Gonda. After due publication, Mutation Application was allowed and a direction was issued to the Authority concerned to incorporate the names of the petitioners in revenue records in place of Smt. Sudha Pathak. Accordingly, the revenue authorities mutated the name of petitioners over khata no. 250 of village Bargaon, pargana, tehsil and district Gonda. The petitioners thereafter moved an application under section 41 of the U.P. land Revenue Act before the Sub Divisional Officer, Sadar, Gonda for demarcation of the land Gata No. 150 and 151 who after following the process allowed the application of the petitioners and demarcated the aforesaid gata stating therein that the land Gata No. 150 & 151 is the bhumidhari land of the tenure holders and petitioners are in the possession over the said land. The petitioners after demarcation of the land applied for sanction of map over the gata no. 145, 144 including gata no. 151 before the Improvement Trust, Gonda who after perusal of the record issued the map for construction of the building/house. The opposite parties no. 2 to 4 filed objections against the sanctioned map which was rejected vide order dated 08.08.2008. Thereafter they filed a suit for cancellation of the sale deed dated 24.1.2008 alongwith an application under section 91 of C.P.C. before the Civil Judge (J.D), Gonda, alleging therein that the land gata no. 151 situated in Mohalla Sahabganj (Bargaon) is the public utility and the petitioners have got executated a sale deed in their favour of the aforesaid gata no. 151. The said application was rejected on 08.5.2009 on the ground that the land in question is not public utility land and opposite parties no. 2 to 4 (Plaintiffs) also not impleaded Gaon Sabha as well as Nagar Palika as necessary parties. The opposite parties no. 2 to 4 preferred revision against the order dated 08.5.2009 before the District Judge, Gonda and the Addl. District Judge without examining the proper record allowed the revision vide order dated 15.12.2009 thereby remanding the matter to the Civil Judge (Junior Division).
Submission of learned counsel for the petitioners is that the land in question is bhumidhari of the petitioners which has been purchased from the recorded tenure holder and the opposite parties no. 2 to 4 have got no right to file suit for cancellation of the sale deed. It is also submitted that earlier in demarcation proceedings as well as in the proceedings of sanction of map the Sub Divisional Officer as well as City Magistrate held that the land gata no. 151 is the bhumidhari land of Smt. Sudha Pathak and petitioners purchased the said land through registered sale deed.
After hearing both the parties, I find that it is a fit case where interference of this Court is required. Accordingly, the operation of the impugned order dated 15.12.2009 is hereby stayed till further orders of this Court.
List in the first week of February, 2010.
Order Date :- 12.1.2010 ashok