LAWS(ALL)-2021-2-132

MOHANI DEVI Vs. STATE OF U.P.

Decided On February 19, 2021
MOHANI DEVI Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner. Notice on behalf of the respondent No.1 has been accepted by the office of the Chief Standing Counsel. Shri Mohan Singh, Advocate has accepted notice on behalf of the respondent No.2.

(2.) By means of the instant petition, the petitioner assails the order dated 27/12/2019 passed by the Commissioner (Judicial) Ayodhya Division, Ayodhya in Revision No.2103/2015, under Sec. 219 of the U.P. Land Revenue Act whereby the order dated 23/3/2015, passed by the Chief Revenue Officer under Ss. 33/39 of the Land Revenue Act has been affirmed.

(3.) The submission of the learned counsel for the petitioner is that the land in question i.e. Gata No. 1406 area 14 biswa 10 dhur situate in Village Madhaupur Chhatauni, Pargana Baraunsa, Tehsil Jaisinghpur, District Sultanpur was recorded in the name of Smt. Mohani Devi as Bhumidhar with transferable rights. It is further submitted that Smt. Kamla had acquired the aforesaid land in furtherance of an agriculture lease executed in the year 1976. Since, thereafter, she and after her death her legal representatives have been recorded as Bhumidhar with transferable rights and lately by means of a registered sale-deed dated 14/11/2007, the aforesaid land was transferred to the petitioner. It is further submitted that the Gram Pradhan made an application on 6/3/2009 with the allegations that the Plot No.1406 (Old No.1038) has been recorded as pond land and accordingly the entry be corrected in accordance with Sec. 33/39 of the Land Revenue Act, 1901.