BHAGGAN DEVI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Mr. V.K. Singh, learned Senior Counsel assisted by Mr. Manvendra Nath Singh, learned counsel for the petitioner, Mr. Pradeep Singh, learned counsel for respondent No. 4/ Gaon Sabha and Mr. Tarun Gaur, learned Standing Counsel for the State respondents.

(2.) Brief facts of the case are that plot No. 114 area 0.417 hectare is situated at Village Bharuhana, District Mirzapur. The aforementioned plot originally belongs to one Munna Lal Sonkar and after his death his six sons became owner of equal share in the plot in question. One Babu Nandan son of Munna Lal Sonkar sold his entire share (1/6 share) by means of registered saledeed alleged to be executed on 11/11/2003 in favour of respondent No. 11/ Rajendra Kumar Tripathi. Respondent No. 11 applied for mutation on the basis of aforementioned saledeed which was allowed vide order dtd. 21/7/2006 but on the restoration application filed by Panna Lal mutation order dtd. 21/7/2006 was recalled and mutation application was rejected, accordingly, name of original tenant was restored. The saledeed alleged to be executed on 11/11/2003 was challenged in Civil Suit No. 1054 of 2016, Computerized Case No. 1501054 / 2016 by Gulab son of Babu Nandan and another impleading Rajendra Kumar Tripathi and others as defendants. The aforementioned civil suit was decreed vide judgment and decreed dtd. 24/8/2021 by Additional Civil Judge (Junior Division) Court No. 2, Mirzapur cancelling the saledeed dtd. 11/11/2003. The order dtd. 24/8/2021 has attained finality. Legal heirs of Babu Nandan accordingly, executed a registered saledeed on 18/8/2012 in favour of the petitioner in respect to plot No. 114 area 0.417 hectare (3652 square fit). On the basis of registered saledeed executed on 18/8/2012 in favour of the petitioner, the name of the petitioner was accordingly, recorded in the proceedings under Sec. 34 of U.P. Land Revenue Act, 1901 vide mutation order dtd. 22/2/2013. In respect to the saledeed dtd. 11/11/2003 executed by the Babu Nandan in favour of Rajendra Kumar Tripathi, a proceeding has been registered under Sec. 166/167 of U.P.Z.A. and L.R. Act before Collector and an order dtd. 24/8/2015 was passed by respondent No. 2/ Collector, Mirzapur vesting the land in question in State. Against the order dtd. 24/8/2015 petitioner filed a revision before respondent No. 1, which has been dismissed under the impugned order dtd. 26/2/2016, hence this writ petition on behalf of the petitioner for the following reliefs :

(3.) This Court vide order dtd. 16/12/2016 entertained the matter and granted interim protection for maintaining status quo.