RISHABH ANAND SINGH Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Awadhesh Kumar Malviya, learned counsel for the petitioner, Sri Rishi Kant Rai, learned counsel for respondent no.-4/Smt. Urmila Singh and Sri Abhishek Shukla, leaned Addl. C.S.C. for the state-respondents.

(2.) Brief facts of the case are that plot no.60, area 0.019 hect. Situated in village Chandanwaha, Tehsil Sadar, District Ghazipur is recorded in the name of petitioner in the revenue records vide order dtd. 13/10/2022. The particular of the order recording the name of the petitioner over the plot in dispute is mentioned in the remark coloumn of khatauni of 1429-1434 fasli which is annexed as Annexure No.1 to the writ petition. Against the order dtd. 19/1/2011, passed by the Tehsildar recording certain tenure holders over the plot in dispute, an appeal was filed by one Mahendra Pratap Singh which was allowed vide order dtd. 16/9/2021. The order dtd. 16/9/2021, allowing the appeal filed by Mahendra Pratap Singh has attained finality. The plot in dispute belongs to one Ram Sunder Singh who sold the same to Smt. Chinta Singh. Three sets of mutation proceedings have been initiated before the Tehsildar, one set of dispute was set up by respondent no.4/Smt. Urmila Singh, 2nd set of claim was set up by Smt. Ratnawati Devi and 3rd set of claim was set by Smt. Geeta Devi. The Tehsildar vide order dtd. 3/6/2011 rejected the claim of respondent no.4/Smt. Urmila Singh and accepted the claim of Smt. Chinta Singh based on the sale deed dtd. 7/9/2007 executed by Ram Sunder Singh. Smt. Chinta Singh had executed a gift deed in favour of her grandson, i.e. petitioner (Rishabh Anand Singh) on 26/8/2022. On the basis of the gift deed, the petitioner has been recorded in the revenue records and petitioner is stated to be in physical possession over the plot in dispute. The order dtd. 18/7/2003 has been passed by respondent no.3/S.D.O., Sadar, Ghazipur, restraining the petitioner from making any interference from the possession of other side in respect to plot no.60, area 0.019 hect. Hence this writ petition with the following reliefs:-

(3.) This Court vide order dtd. 4/8/2023 directed the learned standing counsel to seek instruction in the matter as well as directed the parties to maintain status quo till the next date fixed in the matter.