RAMWATI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Satyam Singh, learned counsel for the petitioner, learned Standing counsel on behalf of respondent Nos. 1, 2 and 3 and Sri Mohan Singh for respondent No. 4.

(2.) In light of the proposed order notice to private respondents is dispensed with.

(3.) It has been submitted by learned counsel for the petitioner that the petitioner had purchased the land of gata No. 203 situate at village Asaini, Pargana Dewa, Tehsil Nawabganj, District Barabanki by means of registered sale-deed executed on 30/6/2007 from one Awsan @ Augar. On the basis of the said sale-deed the petitioner had moved application under Ss. 33/34 for mutating her name in the revenue records. Opposite party No. 5 moved objection to the same on the ground that he was liable to succeed the property of Awsan on the basis of succession. Tehsildar rejected the application preferred by the petitioner vide order dtd. 13/3/2023. Against the order dtd. 13/3/2023 the petitioner had preferred an appeal under Sec. 35 (2) of U.P. Revenue Code, 2006 before Sub-Divisional Magistrate First, Nawabganj, District Barabanki and his appeal was allowed vide order dtd. 20/12/2024 and the matter was remanded back to the Tehsildar for deciding the case afresh. It was observed that once contentious issue has been decided by the competent court of civil jurisdiction then the revenue authorities cannot go into the said disputed question of facts and are bound to accept the findings recorded by the civil court. Against the order dtd. 20/12/2024 private respondents have preferred a revision which is pending before Board of Revenue.