CHHAILA KHAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Mahabir Yadav, learned counsel for the petitioner and Shri L.D. Rajbhar, learned A.G.A. on behalf of the State. The instant petition under Article 227 of the Constitution of India has been filed with the prayer to quash the impugned order dtd. 3/11/2020 passed by the learned Additional Sessions Judge, Court No.2, Rampur in Criminal Revision No.112 of 2018 (Chhaila Khan v. State of U.P. & Ors.) as well as the impugned order dtd. 13/7/2018 passed in Criminal Misc. Case No.225 of 2018 (Chhaila Khan v. Niyamat Khan & Ors.).

(2.) The brief facts necessary for disposal of this petition are that the land Arazi No.286 (area 0.785 hectare) situated in VillageBhitar Gaon, Tehsil- Shahbad, District-Rampur was vested with the State Government. The respondents in collusion with respondent no.9-Bhagwant Swaroop posted as Tehsildar made forgery in the column of 'tippadi', deleted the sign of cross and entered their names fraudulently. A case numbered as Case No.05 of 2001-02 (Niyamat Khan & Anr. v. State of U.P.) was filed and learned Additional Collector-Rampur vide order dtd. 30/3/2002 held that the said land vested with the State Government. The opposite party challenged the said order by filing Revision No.145 of 2008-09 before learned Additional Commissioner (Judicial) Moradabad, Division Moradabad. The said revision was dismissed on 20/11/2009 and the order dtd. 30/3/2002 was affirmed.

(3.) It is contended by learned counsel for the petitioner that inspite of the aforesaid orders passed by the courts below, the revenue authorities are not complying with the orders and the private respondents are still in possession of the said land. It is further contended that forged entry was made by the private respondents in collusion with respondent no.9.