MADHO RAJ Vs. COLLECTOR/D.D.C.GONDA

JUDGEMENT

(1.) IN this writ petition on 10.01.2014 following order (on the order sheet) was passed:

(2.) THIS writ petition is directed against judgment and order dated 13.07.1998 passed by Collector/ District D.D.C. Gonda in Revision No.45, Sri Ram Sewak and others and Sri Madho Raj. Dispute relates to about 18 bighas agricultural land of which Sri Jagannath was tenure holder. The property in dispute is situate in village Bharampur, khata No.83. Learned counsel for the parties stated that Sri Jagannath died on 08.10.1993.

(3.) THE report of the City Magistrate dated 12.01.1998 is Annexure -4 to the writ petition. It is detailed/ exhaustive report showing that order dated 03.02.1968 was stark forgery and that the alleged signatures of Jagannath did not appear to be the signatures by a person of 97 years of age as this was his age at that time. It was also pointed out that the vakalatnama which was filed was shown to have been issued by District Stamp Vendors Committee, Gonda whose President Sri Sushil Chandra Gupta had given statement on 22.12.1997 that the said Committee was constituted in 1983 and in the year 1968, there was no question of issuing/ selling any vakalatnama containing seal/ name of the said Committee. In this regard reference may be made to the authority of the Supreme Court reported in A.V.P. Society Vs. Government of A.P., 2007 (4) SCC 221 cited by learned counsel for opposite party holding that fraud vitiates all judicial acts. One of the arguments raised by learned counsel for petitioner is that against the order dated 26.05.1994 three proceedings were taken by opposite parties No.2 to 7. One was a revision against the said order, another, a recall application filed before the Consolidation Officer and the third, a complaint on which the impugned order dated 13.07.1998 was passed.