SURESH CHANDRA MANI Vs. DHANANJAI

JUDGEMENT

(1.) HEARD Sri R.P. Shastri, learned Counsel for the petitioners, learned Standing Counsel for the State respondents and Sri Ashish Mani Tripathi, learned Counsel for respondent No. 1. By means of the present writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 14.3.2013 passed by the Commissioner, Gorakhpur Division Gorakhpur in Appeal No. 3/8/D -2013 (Dhananjai v. Suresh Chandra and others) and the judgment and order dated 23.4.2014 passed by learned Member Board of Revenue, Allahabad in Revision No. 35/2013 -14 (Suresh Mani and others v. Dhananjai and others).

(2.) VIDE order dated 14.3.2013 the Commissioner, Gorakhpur Division Gorakhpur has admitted the appeal holding it to be maintainable and stayed the operation of the impugned order dated 3.1.2013 whereas by the subsequent order dated 23.4.2014 the revision filed by the petitioner against the order dated 14.3.2013 has been dismissed by the learned Member, Board of Revenue, Allahabad holding it to be not maintainable.

(3.) THE facts giving rise to the present writ petition are that the petitioner has filed Suit No. 173 of 1983 (Saraswati Prasad and others v. Smt. Sudhia and others) under section 229B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 before the Sub Divisional Officer, Deoria. In the suit on 18.12.2004 an injunction was issued directing the respondents not to create any third party right during the pendency of the suit. The suit was ultimately decreed but pending suit in contravention of the order dated 18.12.2004 a registered sale deed was executed in favour of respondent No. 3 by Gulabi Devi and Vijai Kumar who were defendants in the suit. Taking note of that the Sub Divisional Officer held the transaction void being hit by section 52 of the Transfer of Property Act, 1882. Further the subsequent purchaser was not necessary party and decreed the suit vide judgment and decree dated 8.1.2013.