TULSI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Devesh Kumar Verma, learned counsel for the petitioners, Mr. S.P. Singh, learned Additional Chief Standing Counsel for the State-respondents and Mr. S.C. Verma, learned Advocate assisted by Mr. Padmakar Pandey learned counsel for respondent No. 5.

(2.) Brief facts of the case are that Tehsildar vide order dtd. 1/10/2014 under Sec. 34 of U.P. Land Revenue Act ordered to record the name of respondent No. 5 on the basis of sale deed executed by Mst. Kesha on 1/6/2013 in favour of respondent No. 5 in respect to 1/2 share of Plot No. 1696 Ka area 0.080 hectare, 1697 area 0.1000 hectare, 1698 area 0.1000 hectare, 1701 area 0.2000 hectare total area 0.480 hectare situated in Village- Katri Khewra, Pergana, Tehsil and District-Kanpur Nagar. Petitioners challenged the order of Tehsildar dtd. 1/10/2014 in appeal before Sub-Divisional Officer under Sec. 210 of U.P. Land Revenue Act which was dismissed vide order dtd. 14/9/2016. Petitioners again challenged the appellate order in Revision under Sec. 219 of U.P. Land Revenue Act which has been dismissed vide order dtd. 7/2/2023 hence this writ petition on behalf of the petitioner challenging the impugned judgment dtd. 1/10/2014 passed by respondent No. 4, judgment dtd. 14/9/2016 passed by respondent No. 3 and judgment dtd. 7/2/2023 passed by respondent No. 2. Civil Proceedings are pending before Civil Court including Civil Suit No. 1455 of 2013 filed by petitioners in respect to sale deed in question.

(3.) Learned counsel for the petitioners submitted that mutation application filed on behalf of respondent No. 5 on the basis of sale deed alleged to be executed on 1/6/2013 has been allowed in arbitrary manner and the order has been maintained in appeal and revision without considering the case of the petitioners. He further submitted that one Civil Suit No. 1456 of 2016 filed by petitioners against one Dharmendra Kumar, Rajesh Kumar as well as Shamshad Alam was decreed ex-parte by judgment and decree dtd. 23/5/2022 by which the sale deed executed on 19/2/2016 in favour of Dharmendra Kumar Verma was cancelled. He further submitted that judgment and decree dtd. 23/5/2022 passed in civil suit No. 1456 of 2016 was placed before the revisional court, but revisional court without considering the judgment and decree of the civil court has dismissed the revision, hence this writ petition.