LAXMI Vs. STATE OF U P

JUDGEMENT

(1.) ACCORDING to Sri B.P. Singh Kachchwah, learned counsel for the petitioner, the Land Management Committee had passed a resolution dated 24.04.1986 to allot agricultural lease to the petitioner and several other persons. The said resolution was forwarded by the Naib Tehsildar on 25.05.1986 and approved by the Sub Divisional Officer on 24.06.1988. Learned counsel states that in accordance with the approval the patta was granted to the petitioner on 27.11.1988 which has been filed collectively as Annexure-1 to this writ petition. According to him the Tehsildar initiated proceedings on the basis of his report in Case No.36 under Section 33/39 of the Land Revenue Act (State Vs. Laxmi Devi) against the petitioner and the Sub Divisional Officer by the impugned order dated 31.12.1999 has recorded that since the name of the petitioner was entered in the revenue records fraudulently therefore it requires to be expunged. He states that the Sub Divisional Officer has recorded that the procedure prescribed under Sections 28 and 33 of the Land Revenue Act has not been complied with.

(2.) ACCORDING to learned counsel for the petitioner, the khatauni clearly indicates that proceedings under the Land Revenue Act were initiated on the proposal and approval for grant of patta to the petitioner and by order of the Naib Tehsildar the name of the petitioner was entered in the khatauni. According to learned counsel for the petitioner, the mutation proceedings were carried out in accordance with law and by an authorized person and hence the recitation in the impugned order that the name of the petitioner has been entered in the khatauni fraudulently is illegal. According to him if the State respondents have misplaced the records it alone cannot be a ground to expunge the name without considering the fact that the resolution, its approval and patta were on record before them and the khatauni also recorded such fact.

(3.) UNTIL further orders of this Court the effect and operation of the impugned order dated 31.12.1999 passed by the Sub Divisional Officer, Tehsil Hapur, District Ghaziabad as also the revisional order dated 28.12.2012 passed in Revision No.32/1999-2000 (Laxmi Devi Vs. State)? by the Additional Commissioner, shall remain stayed.