RAMDHARI Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner.

(2.) THIS petition has been filed seek­ing a mandamus commanding the respon­dent No. 3 to decide the application moved by the petitioner before the Naib Tehsildar for recording his name over the land in dispute on the ground that he has been in possession over the same for last 30 years. A perusal of the pleadings goes to show that the land in dispute belongs to Gaon Sabha and the allotment was made in fa­vour of one Harpal son of Hari Singh. Since the petitioner again and again took posses­sion of the said land as such the proceed­ings 198A of U.P. Zamindari Abolition and Land Reforms Act (for short the 'Act') were initiated against him on the basis of a complaint. The Chief Judicial Magistrate vide judgement and order dated 25.2.2009 convicted him for the offence under section 198-A of the Act for three months simple imprisonment and imposed Rs.1000/- as fine. Aggrieved, he went up in appeal. However, his appeal was allowed on tech­nical ground that the offence was not established beyond doubt. After that, the petitioner moved an application for muta­tion of his name. Merely because, the peti­tioner has been exonerated of the offence under section 198-A of the Act the same will not entitle him for mutation of his name over the land in dispute which ad­mittedly belongs to Gaon Sabha and has been allotted in favour of somebody else.

(3.) THE petition stands dismissed. Petition Dismissed.