PHOOL CHAND Vs. STATE OF U.P.

JUDGEMENT

(1.) IN pursuance of our order dated 21.8.2006, the Sub Divisional Magistrate, Lakhimpur Khiri (Sri Basudev Prasad Khare), has appeared before us alongwith the original revenue record, viz. Zild Bandobast Page 288 -289 wherein plot No. 324 (total area 38 acre) is shown as 'talab' (pond). Referring to an entry made in red ink (with reference to said plot) at page 288 -289, he has stated before us that it is as a consequence of interpolation. In view of the aforesaid categorical stand taken before us, while exercising our extraordinary Constitutional jurisdiction under Article 226, Constitution of India, we have not only to decide the lis between the parties to the proceedings but also that of the interest of third party, if any, and no one is allowed to take advantage of 'fraud' or 'interpolation' in revenue records.

(2.) THE above Writ Petition No. 1688 (MB) of 1993 is by one Phool Chand against the State of U.P., through Secretary, Revenue, Lucknow, the District Magistrate/Collector, Lakhimpur Kheri, the Sub Divisional Magistrate, Lakhimpur Kheri and Tehsildar (Sadar), Lakhimpur Kheri, claiming rights on a certain portion of plot No. 324, purchased under registered sale -deed way back in the year 1984.

(3.) THE then Naib Tehsildar directed name of Phool Chand to be mutated after expunging the name of Smt. Manorama Devi in respect of plot No. 324/2 area 0.15 acres. Similar orders have been passed in other mutation cases on 13.11.1984. Subsequently, Lekhpal in -charge of the area, made a complaint to the then Sub Divisional Magistrate, Lakhimpur Kheri who issued notice under Section 33/39, Land Revenue Act requiring the petitioner to show cause as to why mutation of plot No. 324 (0.38 Acre) may not be expunged which was recorded as talab (pond) in the khatauni issued before consolidation. Petitioner appeared before the authority concerned and submitted that he wanted to develop the area and build residential houses after having obtained requisite permission from the Competent Officer under Road Side Land Control Act.