(1.) Heard Mr. Ram Adhin, learned counsel for the petitioner, Mr. S.K. Mishra, learned counsel for respondent no.9, Mr. Yashpal Yadav, Advocate holding brief of Mr. Sunil, learned counsel for respondent no.10, learned standing counsel for the state respondent and Mr. Azad Rai, learned counsel for the respondent no.5- gaon sabha.
(2.) Brief facts of the case are that respondent no.10/Shiv Kumar was recorded bhumidhar with transferable rights of plot no.66-B, area 0.2890 hectare, situated at village Saraineu, Tehsil- Sadar, District-Allahabad. In urban ceiling proceeding 7329 square meter area belonging to father of respondent no.10 was declared surplus excluding 1500 square meter area and house belonging to father of respondent no.10 vide order dtd. 6/8/1981 but the possession of the land was not taken from the father of respondent no.10 and the plot was remained in possession of father of respondent no.10 and after death of father, the respondent No.10 remained in possession. The Urban Ceiling Act has been repealed by the Government in the year 1999, accordingly, vide order dtd. 14/9/2016, passed by Competent Authority / Collector, the aforementioned plot was released in favour of Father of respondent no.10. The order dtd. 14/9/2016 has been annexed along with the writ petition as Annexure No.6. An agreement to Sale dtd. 18/10/1995 was alleged to be executed in favour of respondent no.9 by respondent no.10 in respect to aforementioned plot, area 367.6 sq. mtr. An Original Suit No.245/2011 for permanent injunction was filed by respondent no.9 along with an application for temporary injunction (paper no.6-C). The learned Civil Judge, Allahabad on 22/2/2013, rejected the application (paper no.6C) for temporary injunction, filed by respondent no.9 but Suit No.254/2011 is still pending before the civil court. Petitioner purchased an area 145.32 sq. mtr. of aforementioned plot no.67-B, area 0.2890 hectare, from respondent no.10 through registered sale deed dtd. 2/8/2010. According to the petitioner, possession of the purchased area of plot no.66-B was delivered to the petitioner and petitioner has raised construction over the same being House No.81-A/12, Nimsarai, Allahabad. Petitioner is recorded in the revenue records of the Nagar Nigam over the aforementioned plot and is paying necessary taxes to the Nagar Nigam. Petitioner filed an application under Sec. 34 of the U.P. Land Revenue Act before the respondent no.6 for mutation, on the basis of registered sale deed dtd. 2/8/2010, the Naib Tehsildar vide order dtd. 5/3/2011 allowed the mutation application filed by the petitioner and ordered to record the name of the petitioner on the basis of registered sale deed dtd. 2/8/2010, expunging the name of vendor Shiv Kumar who is respondent no.10 in the instant writ petition. Against the order dtd. 5/3/2011, respondent no.9 filed an application for recalling the order dtd. 5/3/2011, on the basis of the alleged agreement to sale dtd. 18/10/1995, executed in his favour, the recall application filed by respondent no.9 was rejected by the Tehsildar vide order dtd. 12/6/2014. Against the order dtd. 12/6/2014, respondent no.9 filed an appeal under Sec. 210 of the U.P. Land Revenue Act, before respondent no.4 which was allowed vide order dtd. 26/12/2014, setting aside the orders dtd. 5/3/2011 and 12/6/2014. Petitioner filed a revision under Sec. 219 of the U.P. Land Revenue Act against the order dtd. 26/12/2014 before the respondent no.2 which was dismissed vide order dtd. 19/1/2018, hence this writ petition.
(3.) This Court vide order dtd. 14/3/2018, entertained the writ petition and passed the following interim order dtd. 14/3/2018, which reads as under:-