INDRAWATI CHAND Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri K.M. Gupta, Advocate holding brief of Sri A.K. Mishra, learned counsel for the petitioner.

(2.) This petition has been filed for the following material relief and no other:

(3.) The facts giving rise to this petition seeking to expedite proceedings are that on the basis of a registered sale deed dated 19.09.2007 executed in favour of the petitioner relating to land situate in village Bhawanigarh, and also through a further sale deed dated 29.08.2007, the petitioner claims to have been handed over possession of the land conveyed to him by the vendors, who are recorded bhumidhars. It is claimed that the respondent no.3 who is well aware of the registered conveyances, filed for mutation of his name over land purchased by the petitioner for valuable sale consideration. Respondent no. 3 filed for mutation on the basis of a Will from the petitioner's vendor, who died in the meanwhile. Mutation in favour of respondent no. 3 was granted vide order dated 14.06.2016 passed by the Tehsildar, Khajani in Case No. 565 and 566 of 2013 under Section 34 of U.P. Land Revenue Act. The petitioner applied to have the aforesaid orders that are ex parte set aside but his application to set aside the same was rejected by an order dated 19.09.2018. Thereafter, the petitioner filed an appeal challenging the orders dated 14.06.2016 and 19.09.2018 bearing no. T20180053102003635 'Indrawati Chand vs.Surendra Chand' under Section 207 U.P. Land Revenue Code, 2006 before the SDO, Khajani, District Gorakhpur.