MOHD FAROOQ Vs. ADDL COMMISSIONER IIND ALLAHABAD DIVISION

JUDGEMENT

(1.) By means of the present writ petition the petitioner has approached this Court for quashing the impugned order dated 17.8.2004 passed by respondent No. 1 in Revision No. 91 of 2004, Annexure-7 to the writ petition and the impugned order dated 5.1.2004 passed by respondent No. 2 in Case No. 76 of 1983, Annexure-5 to the writ petition.

(2.) The facts arising out of the writ petition are that the dispute relates to plot No. 267 total area 2 bighas 12 biswas (area in dispute 1 bigha 6 biswas) situate in village Usmapur, Pargana Mah, Tehsil Handia, district Allahabad. One Ram Jatan respondent No. 3rd set filed an application under Section 33/39 of U.P. Land Revenue Act in the year 1983 which was registered as Case No. 76 of 1983 in the Court of Sub-Divisional Magistrate, Handia, district Allahabad. This application appears to have been filed with the allegation that he purchased the land, half share of plot No. 267 from one Ram Surat son of Ram Sunder and applied for mutation and by order passed by the Settlement Officer, Consolidation dated 1.3.1982 his application for mutation was allowed but the order could not be given effect to by the Settlement Officer, Consolidation. It was further alleged that the order passed by the Settlement Officer, Consolidation could not be given effect to on papers, hence by means of the present application under Section 33/39 of the Act, a prayer has been made for implementation of the said order. An objection was filed on behalf of the petitioner stating therein that Ram Surat had no right to execute any sale-deed of the land in dispute and the land does not belong to him and plot No. 267 was recorded in the name of the petitioner. Further objection was taken that the sale-deed is illegal and void and Settlement Officer, Consolidation did not pass any order on 1.3.1982 in favour of respondent No. 3 Ram Jatan for recording his name and the order of the Settlement Officer, Consolidation is forged and farzi. A submission has been made on behalf of the petitioner that there was a fire incident which took place in the record room of the Collectrate in the year 1977 and the entire records were burnt and the order said to have been passed by the Settlement Officer, Consolidation was never passed. The application filed by the respondent is not maintainable. The Sub-Divisional Officer, Handia, district Allahabad allowed the application of respondent No. 3 on 30.3.1983.

(3.) Aggrieved by the order dated 30.3.1983 the petitioner filed a revision in the Court of Additional Commissioner on 14.4.1983 which was registered as Revision No. 134 of 1983. The revisional court issued notice to the contesting respondents and after hearing both the parties and after perusal of the relevant records, passed an order dated 23.7.1983 holding therein that the application filed by respondent No. 3 under Section 33/39 of the Act is not maintainable and the only course open to the respondent was to apply under Rule 109 of the U.P. Consolidation of Holdings Rules read with Section 52(2) of the Act. The Additional Commissioner referred the matter to the Board of Revenue for decision. A liberty was given to file objection within 30 days. But in spite of the liberty given, no objection was filed by the respondent against the reference order passed by the Additional Commissioner. The Board of Revenue accepted the reference and has dismissed the application under Section 33/39 of the Act filed by the contesting respondents holding therein that the application is not maintainable. Copy of the same has been filed as Annexure-4 to the writ petition. It has further been submitted that the application No. 76 under Section 33/39 of the Act filed by contesting respondents has been dismissed finally by the Board of Revenue on 27.2.1992. To the best knowledge of the petitioner no application for restoration was filed nor any writ petition before this Hon'ble Court was ever filed by the contesting respondents and the order passed by the Board of Revenue has become final.