JAGMOHAN ALIAS MUNNA Vs. COMMISSIONER

JUDGEMENT

(1.) HEARD Sri S. D. Srivastava, learned counsel for the petitioner, Sri A. R. Khan, learned counsel appearing for the opposite parties 2 to 4 and the learned standing counsel.

(2.) THE petitioner has alleged that his father (Chhanga) was the bhumidhar of the land in dispute and during the consolidation operation, some manipulation was done by one Sri Satya Narain in C.H. Form 45 and thereafter the father of the petitioner filed a Regular Suit under Section 229B/209 of the U.P. Zamindari Abolition and Land Reforms Act against Sri Satya Narain. THE said suit was decreed by the judgment and order dated 23.1.1976. Sri Satya Narain, being aggrieved by the said order filed an appeal before the Commissioner, Faizabad Division, Faizabad, which was dismissed by the order dated 25.5.1977. During the pendency of the appeal, the possession was given to the father of the petitioner by the Amin over the land in dispute. Sri Satya Narain, being aggrieved by the judgment and order dated 25.5.1977, filed a second appeal before the Board of Revenue, which was dismissed by the order dated 16.8.1982. During the pendency of the second appeal, Sri Satya Narain executed a sale deed on 17.10.1980, in respect to the land in dispute in favour of his sons Girish Kumar and Kamlesh Kumar, who later on executed the sale deed on 25.8.1986, in favour of opposite parties 3 and 4. Sri Girish Kumar also executed a sale deed in favour of opposite party 2 whose name was also mutated in the revenue record.

(3.) SRI A. R. Khan, learned counsel for the opposite parties submits that the writ petition is not maintainable as the petitioner has a remedy of revision under the provisions of Section 333 of the U.P. Zamindari Abolition and Land Reforms Act. He has relied upon the decisions of Hon'ble Supreme Court in Gujarat University v. N. U. Rajguru and others,1987 (Supp) SCC 512 and Kumari Mamta Jauhari v. State of U.P. and another, 1999 (1) AWC 676 (FB) : 1999 (1) UPLBEC 54. He further submits that transferee are bound by a decree or order which is passed in a suit when they have knowledge about the proceedings. He relied upon the judgment of the Hon'ble Supreme Court in Jaskirat Datwani v. Vidyavati and others, (2002) 5 SCC 647.