LALMUNI DEVI Vs. COLLECTOR AZAMGARH

JUDGEMENT

(1.) Heard Sri S.C. Verma for the petitioner and Sri Rakesh Pandey , Senior Advocate assisted by Sri Ghanshyam Rai for the contesting respondents.

(2.) The writ petition has been filed against the order of Collector dated 14.5.2012 passed in the proceeding under Sec. 33/39 of UP Land Revenue Act, 1901 (hereinafter referred to as the 'Act').

(3.) By the impugned order it has been found that during life time of Udairaj, names of the petitioners have been recorded in the revenue records on the basis of alleged order of Sub Divisional Officer dated 11.7.1986 passed in Suit No. 784 under Sec. 229 B of UP Act No. 1 of 1951. But the registration of the aforesaid suit in the misalband Register was not found to be proved, therefore, it has been held that entry made in favour of the petitioners is a forged entry. This finding could not be challenged by the petitioners. The petitioners further could not give any satisfactory answer that as to how the name of daughter can be recorded during life time of father in the absence there being any transfer or gift deed. Thus the entry is totally baseless and it has been rightly set aside by the Collector in exercise of powers under Sec. 33/39 of the Act.