SANTOSH AGARWAL Vs. COMMISSIONER, GARHWAL DIVISION PAURI

JUDGEMENT

(1.) Brief facts of the case are that the petitioner before this Court has raised his grievances, as against the impugned revisional court's order, which had been passed by the learned court of Board of Revenue, on 5/4/2022, in Revision No.08 of 2021-2022 Santosh Agarwal vs. Umesh Kumar and Another, as well as the revisional court's order dtd. 31/3/2022 which was passed by the court of Commissioner Garhwal Division, Pauri Camp, Dehradun in Revision No.09 of 2021-2022 Umesh Kumar vs. Santosh Agarwal and others. In the proceedings which were held under Sec. 219 of the Land Revenue Act, 1901 arising out of the orders dtd. 19/3/2020/20/3/2020 in Case No.75 of 1987, which was instituted under Sec. 34 of the Uttar Pradesh Land Revenue Act, for mutation.

(2.) Brief facts which engages consideration in the present writ petition are that a proceeding under Sec. 34 of the U.P. Land Revenue Act of 1901, was initiated and registered before the court of the Tehsildar as Case No.75 of 1987, Indrawati vs. Kunwar Chand Bahadur, in the said case for mutation of entries which was instituted in the court of Additional Tehsildar vide its order of 17/6/1988, had directed making the alteration in the revenue records, on the basis of the registered sale deed, which finds referenced in the order in relation to Khasra Nos.203, 204, 205, having an annual revenue accruing to it of Rs.67.00.

(3.) In fact the genesis of the proceedings is emanating from the proceedings which were held under Sec. 34 of the Land Revenue Act, in relation to a land which falls under Chapter A-8 of the Land Record Manual, as contained in para A-124. Para A-124 of the Land Record Manual classifies the arrangement of holdings and revenue entry of the petitioner, as recorded in the khatauni, the reference of which has been made by the petitioner pertains to the revenue entries which were made in 1399 to 1404 fasli, in relation to the land which in column 4 is shown to have been recorded as Shreni 1-Ka Land. Shreni1-ka land would be falling to be a land which has been classified under Sec. 129 of the Uttar Pradesh Zamidari Abolition and Land Reforms Act of 1950 (hereinafter to be referred to as ZA and LR Act) wherein in under Sub Clause (1), it provides that Shreni 1, land would be the land of a bhumidhar for transferable rights which has to be read in consonance to the provisions contained under Sec. 130 of the ZA and LR Act which elaborates upon Bhumidhari Land with transferable rights. It is on the basis of the order passed by the Tehsildar under Sec. 34 of the Land Revenue Act 1901, in relation to the aforesaid khasras, it is contended, that as a consequence of allowing of the mutation application of Smt. Indrawati, the property stood recorded in the name of Smt. Indrawati, the mother of the petitioner.