MOHAMMAD JUNED KHAN Vs. ADDL. COMMISSIONER, ADMINISTRATION IIND

JUDGEMENT

(1.) Heard Shri Karunakar Srivastava, learned counsel for the petitioner as well as Shri Upendra Singh and Shri Dev Prakash Mishra, learned Additional Chief Standing Counsel and Shri Yogesh Kumar Awasthi and Dr. Krishna Singh, learned Standing Counsel for respondents No. 1 to 3 and Shri Pankaj Gupta, learned counsel for the respondent No. 4.

(2.) By means of present writ peti-tion, the petitioner who claims himself to be a Mutwalli of Alal Khair Qabristan Committee, Saray Jargar Pargana, Tehsil and District Gonda, has preferred the present writ petition assailing the order dtd. 23/4/2025, passed by the Additional Commissioner, Administration-II, Devi Patan Mandal, Gonda in revision against the order of Sub-Divisional Magistrate, Sadar, Gonda, wherein the suit of the petitioner for declaration was rejected.

(3.) It has been submitted by learned counsel for the petitioner that the petitioner is a Mutwalli of Alal Khair Qabristan being the President of the Committee at Gata No. 316 total area 0.41 decimal (current Gata No. 151) situated at Village Saray Jargar Pargana, Tehsil and District Gonda was recorded as a Graveyard in the revenue records from 1356 to 1359 Fasli. It is stated that subsequently due to certain error 0.39 decimal came to be recorded as 'Talab' and in the aforesaid circumstances an application for correction under Ss. 33/39 of the U.P. Revenue Code was filed before the Sub-Divisional Magis-trate in 2010. These facts have been men-tioned by the petitioner himself in the plaint filed before the Sub-Divisional Magistrate, wherein it has been stated that in Gata No. 151 total area 0.39 decimal was recorded as 'pond', while 0.02 decimal was recorded as a 'Qabristan' and some land was shown as a pub-lic land and consequently an application for correction was made. Though the order has not been annexed but it seems that the petitioner could not succeed in the proceedings instituted under Sec. 33 of the Land Revenue Act.