ANITA DEVI Vs. ADDITIONAL COMMISSIONER MEERUT DIVISION

JUDGEMENT

(1.) HEARD Sri U.K. Saxena for the petitioner.

(2.) THE writ petition has been filed against the order of Additional Commissioner dated 1.9.2014 allowing the revision filed by Pankaj Sharma and others partly and the remanding the case to Tehsildar for deciding the genuineness of two sale deeds as well as issue relating to possession over the transferred property and pas a fresh order of mutation.

(3.) THE counsel for the petitioner submits that Chokha Singh had already executed agreement to sell on 6.7.2010 and in pursuance of that agreement he executed sale deed dated 26.11.2010 in favour of the petitioner as such he had no right in the meantime to sell part of the property by sale deed dated 01.11.2010. The petitioner has already filed a suit for cancellation of the sale deed dated 01.11.2010 before the civil court, which is pending. In the circumstances, the Additional Commissioner has illegally remanded the matter to Tehsildar to decide the genuineness of the sale deed dated 01.11.2010. He submits that the matter is pending before the civil court which is the only competent authority to examine the genuineness of the sale deed dated 01.11.2010 and Tehsildar has no jurisdiction to decide the genuineness of the sale deed. In such circumstances at the most proceeding for mutation can be postponed till the disposal of civil suit.