LAWS(ALL)-2025-9-133

KUNWAR SURENDRA SINGH Vs. HARSHITA MATHUR

Decided On September 02, 2025
Kunwar Surendra Singh Appellant
V/S
Harshita Mathur Respondents

JUDGEMENT

(1.) Heard Shri Vivek Raj Singh, Senior Advocate, as-sisted by Shri Shantanu Sharma, on be-half of the applicant, and Shri Anu-ruddh Singh, holding brief for Shri Ak-shat Kumar, on behalf of the applicant, and Ajit Kumar on behalf of the appli-cant, and Shri Anuruddh Singh, on be-half of respondents No. 1 to 5 and 9 and 10 and Shri Avinash Singh Visen, hold-ing brief of Shri Sishir Raj, on behalf of respondents No. 6 to 8.

(2.) Both the contempt applications heard together and are being disposed off by the common order as the dispute pertains to the same property between the same parties.

(3.) It has been submitted by coun-sel for the petitioner that the present proceedings have arisen out of a prop-erty dispute pertaining to the property situated at Village Undwa, Unchahar, District Rai Bareli, where the petitioner and their family members claim to be the owners of the said property and have been in continuous possession. It has further been submitted that the name of the applicant and his brothers was mutated in the revenue records on 31/12/2012 by the Tehsildar, Tehsil Ma-harajganj, District Rai Bareli, and subse-quently, opposite party Nos. 6 and 7 started to interfere in the peaceful pos-session of the petitioner. It has further been submitted that even the order of mutation passed in favour of the peti-tioner was subjected to several rounds of litigation before the Revenue Au-thorities, and finally, the appeal filed before the Board of Revenue at the be-hest of the petitioner was dismissed by order dtd. 7/3/2025. And the matter is presently pending in writ proceedings before this Court in Writ Petition No. Writ - B No. 237 of 2025, Kunwar Suren-dra Singh v. Board of Revenue and others. It has been submitted that it is in the aforesaid writ petition that this Court while issuing notices to the respondents, made certain observations as quoted in paragraph 14 : "14. Since the aforesaid aspect is still open for consideration and the impugned orders have already been implemented in the revenue records, without staying the effect of impugned orders, it is provided that mutation effected in pursuance of impugned orders shall be only for purposes of payment of land revenue and no party shall derive any title or right over the properties in question from the impugned orders. The aspect of merits title may be adjudicated in regular civil proceedings, if any, without being guided by impugned orders."