IQBAL AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Ms. Shreya Gupta, learned counsel for the petitioners, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the Staterespondents, Mr Arohi Bhalla and Mr. Shivam Yadav, counsel for respondent No. 27 and Mr. Kunal Ravi Singh, counsel for respondent Nos. 5 to 26.

(2.) Brief facts of the case are that petitioners along with others namely, Anwar Ahmad, Abrar Ali and Smt. Tamizan are cosharer in the land in question i.e. Khasra Nos. 33 and 46. Prior to the initiation of the proceeding under Sec. 24 of the Uttar Pradesh Revenue Code, 2006, Anwar Ahmad and four others including petitioners filed a suit for partition under Sec. 176 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act for Khasra No. 33 along with other khasra numbers, the aforesaid suit was numbered as Suit No.20 of 199899. In the aforementioned partition suit, parties to the suit are cosharer of various khata and plot numbers. The aforementioned partition suit was decreed vide judgment and decree dtd. 16/8/2003 whereby a decree for partition was issued in respect of Khata Nos. 30, 31 and 32 and Khasra Nos. 33 and 46 are part of Khata No. 32. Against the judgment and decree dtd. 16/8/2003, respondent No. 3rd set filed an appeal in the Court of Commissioner, which was registered as Appeal No. 56 of 200203 and the appeal was dismissed vide judgment and decree dtd. 27/12/2003. The judgment and decree of first appellate Court was challenged before the Board of Revenue and the same was allowed vide judgment and decree dtd. 6/2/2004 modifying the decree to the effect that plaintiff shall be entitled to 35/95 share and defendants shall be entitled to 61/96 share. The judgment of the partition suit was challenged before this Court through Writ Petition No. 11891 of 2004 by Anwar Ahmad, which was entertained and interim order was passed to the effect that preparation of final decree may go on but final decree shall not be signed, the aforementioned writ petition is still pending before this Court. During pendency of the aforementioned writ petition before this Court, another Writ Petition No. 33310 of 2018 was filed by one Riyaz Ahmad with the prayer to demarcate and separate the Plot Nos. 33/1, 33/3, 33/2, 33/4, 46, 47, 48 and 49 situated at VillageShahbad @ Mitthepur, Paragana Loni, Tehsil and District Ghaziabad. The aforementioned Writ Petition No. 33310 of 2018 was disposed of vide order dtd. 3/10/2018 with a direction to the petitioners to make an application under Sec. 24 of the Uttar Pradesh Revenue Code, 2006 within a period of two weeks and the same shall be decided within a period of six weeks from the date of presentation of the application and deposit of the statutory fee with notices to all concerned parties. After passing of the order dtd. 3/10/2018, respondent 2nd set filed an application under Sec. 24 of the Uttar Pradesh Revenue Code, 2006. Petitioners were not arrayed as a party in aforementioned Writ Petition No. 33310 of 2018, as such, petitioners were not aware of the aforementioned proceeding initiated by respondent 2nd set. Respondent No. 3 vide order dtd. 29/4/2019, allowed the application/case under Sec. 24 of the Uttar Pradesh Revenue Code, 2006 filed by respondent 2nd set in respect to Khasra No. 33 on the basis of the report of Tehsildar dtd. 13/3/2019. Petitioners were not aware about the aforesaid proceeding under Sec. 24 of the Uttar Pradesh Revenue Code, 2006. However, petitioners came to know about the same when respondent 2nd set tried to interfere in possession of the petitioners in the month of May, 2019. Petitioners were able to obtain the copy of the order dtd. 29/4/2019 in the month of July, 2019, hence this writ petition.

(3.) This Court while entertaining the writ petition has passed the following interim order dtd. 26/8/2019: