SUNIL KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Vinod Sinha, learned counsel for the petitioners and Shri Rajesh Srivastava, learned Standing Counsel for the State respondents. Both the above writ petitions have been filed with the request to command the Tehsildar, Tehsil Jansath, District Muzaffarnagar to register the mutation application under Sec. 35 of U.P. Revenue Code 2006 filed by the petitioners before him and to mutate the name of heirs/legal representatives of Late Jivan Das and Late Harbans Singh on the basis of order dated 29.12.2017 passed by the Joint Commissioner Evam Joint Registrar, Saharanpur Mandal, Saharanpur.

(2.) Record in question reflects that there is a registered Society known as Derawal Farming Cooperative Society, Ishaqwala, District Muzaffarnagar having 30 member. The purpose of the said society is to carry out consolidate farming. It appears that the members of the society has resolved not to do consolidate farming and they have taken back their land and their names were mutated on their shares. The proceeding under Sec. 72 of the U.P. Co-operative Soieties Act 1965 read with Rule 270 of Rules framed therein was initiated for winding up the Society. It appears that the Joint Commissioner Evam Joint Registrar, Saharanpur Mandal, Saharanpur has passed an order dated 29.12.2017 for winding up the Society and also declared the share of the members.

(3.) In this backdrop, learned counsel for the petitioners submits that being the heir of late Jivan Das and late Harbans Singh, the petitioners moved an application on 04.07.2018 under Sec. 35 of the U.P. Revenue Code 2006 for mutation of their names in the revenue record in pursuance of order dated 29.12.2017 but the revenue authorities are denying to register the same and as such, the petitioners are before this Court with the aforesaid prayer.