MADEENA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Krishna Kant Dwivedi, learned counsel for the petitioner, Sri Abhishek Kumar Yadav, learned counsel appearing for the respondent No. 5, learned Standing Counsel for the State-respondents and perused the record.

(2.) This writ petition has been filed for following reliefs :

(3.) Brief facts of the case as mentioned in the writ petition are that the land in dispute i.e. land No. 1362 area 0.3820, 1260 area 1.4320, 1363 area 0.1080 situated as Mauza Dewari Singhpur, Tehsil Mauranipur, District Jhansi was recorded in the name of one Noor Khan. After the death of Noor Khan, the property came to his son, namely, Natthu. Natthu was married to Smt. Sandal. Petitioner is the daughter of Natthu and Smt. Sandal. After the death of Natthu, the recorded tenure holder, name of Smt. Sandal was recorded in the revenue record being widow of Natthu. The petitioner was minor at the time of death of her father namely, Natthu. The mother of the petitioner Smt. Sandal contracted, second marriage with Sakur Khan, son of Ilahi Khan on 11/4/1975 after the death of her husband, Natthu and because of the second marriage, Smt. Sandal, the widow of Natthu was left with no right, title or interest in the land in question. Name of Smt. Sandal continued in revenue records and taking advantage of the same Smt. Sandal executed a sale deed dtd. 31/8/2017 of land number 1260, area 1.4320 in favour of respondent No. 5. After coming to know about the sale deed executed by Smt. Sandal in favour of respondent No. 5, the petitioner instituted Original Suit No. 114 of 2017 for cancellation of the sale dtd. 31/8/2017, executed by Smt. Sandal in favour of respondent No. 5. The aforesaid suit is pending and the trial court i.e. Civil Judge (Junior Division) Mauranipur, Jhansi by its order dtd. 23/8/2022 has directed the parties to maintain status quo. After the execution of sale deed on 31/8/2017 by Smt. Sandal in favour of respondent No. 5, the respondent No. 5 moved an application under Sec. 34 of the UP Revenue Code, 2006 (hereinafter referred to as 'Code') for mutation of his name over the land in dispute on the basis of the registered sale deed dtd. 31/8/2017 in the court of Naib Tehsildar, Rewan, District- Jhansi. The aforesaid case was transferred by order dtd. 26/4/2018 passed by Additional Commissioner (Administration), Jhansi to the court of the Tehsildar, Garautha, District- Jhansi on an application moved by the respondent No. 5. The Tehsildar, Garautha, District-Jhansi by an order dtd. 4/3/2023 has rejected the mutation application filed by the respondent No. 5. Against the order dtd. 4/3/2023 passed by Tehsildar, Garautha, the respondent No. 5 preferred an appeal under Sec. 207 of the Code before the Sub- Divisional Officer, Mauranipur, District-Jhansi. The appeal filed by the respondent No. 5 was allowed by the S.D.M., Jhansi by its order dtd. 21/8/2023 and order passed by the Tehsildar, Garautha dtd. 4/3/2023 was set aside and the court below was directed to consider the case afresh on merits after providing an opportunity of hearing to all parties. The petitioner filed a revision before the Board of Revenue- respondent No. 2 against the order dtd. 21/8/2023 passed by S.D.M., Jhansi, which was registered as Revision No. 3434 of 2023, Smt. Madeena v. Meharban Singh and others. By order dtd. 21/12/2023, the respondent No. 2 dismissed the revision filed by the petitioner. Hence, the present petition.