KULPAVITRA TYAGI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Mr. Amitabh Agarwal, learned counsel for the petitioner, Mr. W.H. Khan, learned Senior Counsel assisted by Mr. Gulrez Khan, learned counsel for the contesting respondent nos.8 to 12, learned Standing Counsel for the State-respondents and Mr. Sunil Kumar Singh, learned counsel for the respondentGaon Sabha.

(2.) Brief facts of the case are that in Khewat of 1336 fasli, name of Mahal Sullarh Singh Bandobast Vah Sahab, Village- Kharkhauda was recorded in the name of father of Rohtash Singh (father of petitioner as well as respondent nos.8 to 11). In Khewat of 1336 fasli, plot no.1119, 1385 and 1386, total three plots area 4 bigha, 18 biswa were recorded as Sir in the name of Rohtash Singh, Babu Ram and Raghubir Singh. Plot no.183G along with 23 other plots total area 14 bigha 14 biswa & plot no.1083 area 15 biswa was recorded as Khudkasht in the 1333 fasli in the name of Chhatar Singh, grandfather of petitioner & respondent nos.8 to 12. Plot no.1119 along with other plots situated in Village-Kharkhauda, Pargana Sarawa, Tahsil- Meerut, District- Meerut was recorded in the name of Babu Ram, Raghubir Singh and Rohtash Singh son of Chhatar Singh having 1/3 share each in the khatauni of 1359 fasli. The aforementioned plots, which have been recorded in the Khatauni of 1359 fasli as Sir and Khudkasht has been recorded in the C.H. Form-11 as bhumidhari plot. During consolidation operation 1/3 share has been recorded in the C.H. Form 23 in Khata No.233 and other plots which have been recorded as having 1/3 share are plot nos.43, 50, 829, 830/1, 1083, 1084 total area 6 biswa 4 biswansi. In C.H. Form 45 new plot has been allotted to chak no.610, plot no.1518 area 5 bigha 2 biswa 11 biswansi, plot no.1529 area 7 bigha 15 biswa 6 biswansi total two plots total area 12 bigha 15 biswa 19 biswansi was recorded in the share of Rohtash Singh, father of the petitioner & respondent nos.8 to 11. In Khewat 1336 fasli, Village- Sadullapur @ Chandpur plot in dispute was recorded in the name of Chhatar Singh, grandfather of petitioner & respondent nos.8 to 12. In khatauni of 1336 fasli, plot no.589 area 17 biswa situated in Village- Sadullapur @ Chandpur, Tahsil and Pargana Sarawa, District- Meerut. Plot no.606 area 7 biswa plot no.609 area 12 biswa, plot no.625 area 1 bigha 1 biswa, plot no.626 area 8 biswa, plot no.636 area 19 biswa, plot no.641 area 14 biswa, plot no.642 area 2 bigha 12 biswa were recorded as Sir plots and Plot no.42 area 1 bigha 14 biswa, plot no.323 area 1 bigha 13 biswa, plot no.374 area 7 biswa, plot no.318 area 5 biswa, plot no.381 area 6 biswa, plot no.566 area 14 biswa total 6 plots, total area 4 bigha 13 biswa were recorded as Khudkast in the name of Chhatar Singh (grandfather of the petitioner and respondent nos.8 to 12). In Khatauni of 1359 fasli Mahal Sullarh Singh of VillageSadullapur @ Chandpura, Pargana Saranwa, TahsilHapur, District- Meerut (now new Tahsil-Meerut) was recorded in the name of Babu Ram, Raghubir Singh and Rohtash Singh son of Chhatar Singh as Sir & Khudkast. In the basic year khatauni (C.H. Form 11), the plots have been recorded in the name of Babu Ram, Raghubir Singh and Rohtash Singh son of Chhatar Singh having 1/3 share each. During consolidation proceeding C.H. Form 23 was issued in which 1/3 share has been given in the name of Rohtash Singh son of Chhatar Singh (petitioner's father). In C.H. Form-41 issued during consolidation operation (new no.318) having 1/3 share was issued in the name of Rohtash Singh (petitioner's father). In C.H. Form 45, plot no.318 area 8 bigha 2 biswa 1 biswansi was recorded in the name of Rohtash Singh (petitioner's father). Rohtash Singh died on 16/3/2001 leaving behind five sons, namely, Kulpavitra, Hem Dutt, Daleshwar, Dhirendra and Vipin and one daughter in law, Smt. Rajesh Tyagi wife of Vishwanath (son of Rohtash Singh). During consolidation proceeding petitioner was posted in force, as such, he could not participate in the consolidation proceeding for declaration of his right and title in respect to the plot in dispute, accordingly, share of the petitioner could not be determined by the consolidation authorities. Petitioner's father after retirement from service came to his village home and after enquiry it has been found that his name has not been recorded in the revenue record in respect to the plot in question, accordingly, petitioner filed a suit on 22/4/1996 under Sec. 229B / 176 of U.P. Zamindari Abolition & Land Reforms Act (hereinafter referred to as "U.P.Z.A. & L.R. Act), which was registered as suit no.165/96. Trial Court/ Additional City Magistrate/ Assistant Collector heard the aforementioned suit and vide order dtd. 17/9/1998 dismissed the aforementioned suit as barred by Sec. 49 of U.P.C.H. Act. Against the judgment and order dtd. 17/9/1998 passed by the trial Court, petitioner filed an appeal, under Sec. 331 of U.P.Z.A. & L.R. Act before the Commissioner, which was registered as appeal no.9/98 and the same was heard by the Additional Commissioner, Meerut Division, Meerut. The aforementioned appeal was dismissed vide judgment and order dtd. 11/4/2000. Petitioner further challenged the impugned judgments of trial Court dtd. 17/9/1998 as well as appellate Court dtd. 11/4/2000 before the Board of Revenue, which was registered as Second Appeal No.80/7M 1999- 2000, under Sec. 331 (4) of U.P.Z.A. and L.R. Act. The Board of Revenue, Circuit Court, Meerut vide judgment dtd. 7/8/2014 dismissed the aforementioned second appeal, hence this writ petition on behalf of the petitioner for the following reliefs:

(3.) This Court vide order dtd. 10/10/2014 entertained the matter and granted interim order restraining the respondents from selling the property in dispute or creating any third party interest over it.