SHIV KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Devesh Kumar Verma, learned counsel for petitioner, learned Standing Counsel representing respondents-1 to 4 and Mr. Hari Narayan Singh, learned counsel representing respondent-5, Gaon Sabha Nadiha Bujurg, Tehsil Bilhaur, District-Kanpur Nagar.

(2.) Petitioner has filed present writ petition for a writ of mandamus commanding respondent-4, Deputy Collector, Bilhaur, District-Kanpur Nagar to permit the petitioner to cut his paddy crop standing over the land in dispute i.e. Survey Plot No. 1940 Ga, situate in Village-Nadiha Bujurg, Tehsil-Bilhaur, District-Kanpur Nagar. They have prayed for a writ of mandamus commanding respondent-2, Board of Revenue U.P. at Allahabad to decide the stay application dtd. 9/8/2021 filed by petitioner in Revision No. 1489 of 2021 (Shiv Kumar Vs. Rajvir Singh) expeditiously, preferably within the time period fixed by this Court and further direct the parties to maintain status-quo regarding land in dispute till the disposal of stay application pending before respondent-2, Board of Revenue U.P. at Allahaba.

(3.) Record shows that that petitioner filed an application dtd. 25/8/2012 under Sec. 33/39 of U.P. Land Revenue Act for correction of revenue records. According to petitioner, he was already declared as Sirdar of land in dispute vide order dtd. 24/8/1967 passed by Consolidation Officer in Case No. 3623 under Sec. 9A (2) of U.P. Consolidation of Holdings Act, 1953. Aforesaid order was also entered in C. H. Form 45. However, due to clerical mistake land in dispute continued to be recorded as Banjar. Above application dtd. 25/8/2012 filed by petitioner came to be registered as Case No. 184/6-972 of 2012 (Shiv Kumar Vs. Gaon Sabha) under Sec. 33/39 of U.P. Land Revenue Act. Respondent-4, Deputy Collector, Bilhaur District-Kanpur Nagar proceeded with the case. A report was called from Tehsildar vide order dtd. 30/9/2012. Pursuant to above order dtd. 30/9/2012, Nayab Tehsildar enquired into the matter and submitted a report dtd. 12/9/2016, which was approved and forwarded by Tehsildar on 14/9/2016. On the basis of aforesaid, respondent-4, Deputy Collector, Bilhaur, District Kanpur Nagar passed an order dtd. 27/10/2016 whereby it was directed that Revenue Entry regarding the land in dispute as existing in the revenue records be expunged. Land in dispute be recorded in the name of petitioner by expunging the previous entry (Banjar).