- (1.) HEARD Sri M.D. Singh Shekhar, Senior Advocate, assisted by Sri R.D. Tiwari, for the petitioner and Sri W.H. Khan, Senior Advocate, assisted by Sri Gulrej Khan and Standing Counsel, for the respondents.
(2.) THIS writ petition has been filed against the orders of Sub -Divisional Officer dated 08.03.2007, in Case No. 10 of 2007, under Section 33/39 of U.P. Land Revenue Act, 1901, (hereinafter referred to as the Act) and Additional Commissioner dated 12.05.2008 dismissing the revision of the petitioner from the aforesaid order.
(3.) THE dispute relates to the land recorded in khata 19 (new khata 24) consisting plots 49 -Kha, 50 -Kha, 51 -Kha, 67, 68, 69, 87 -Kha (total 7 plots area 0.2829 hectare) and khata 48 (new khata 58) consisting plots 32, 77 -Kha, 78 -Kha, 79 -Ka, 80, 81, 83, 84, 85, 86 -Kha, 87 -Ga, 88, 89, 90, 93 -Ka (total 15 plots area 2.5010 hectare) of village Jokahi, tahsil Duddhi, district Sonebhadra. The land in dispute was recorded in the name of Awadhoot Ram Bhagwan, in khatauni 1408 F -1425 F. On behalf of Shri Sarveshwari Samooh, Awadhoot Bhagwan Ram Kushtha Sewa Ashram, Parav, Varanasi, registration no. 498 of 1961 -62, President Pujya Gurupad Sambhav Ramji through Joint Secretary Arvind Kumar Singh, an application was filed (registered as Case No. 10 of 2007) under Section 33/39 of the Act, on 20.02.2007 for recording the name of the applicant in place of Pujya Awadhoot Ramji, Sarveshwari Samooh, Kushtha Sewa Ashram, Parav, Varanasi registration no. 498 of 1961, present address Jokahi, pargana and tahsil Duddhi, district Sonebhadra. It has been stated in the application that Pujya Awadhoot Ramji (opposite party -1) took nirvan in 1992. Pujya Gurupad Sambhav Ramji is present President of Shri Sarveshwari Samooh, Awadhoot Bhagwan Ram Kushtha Sewa Ashram, Parav, Varanasi, as such revenue record be corrected. On this application, Sub -Divisional Officer called for a report from Tahsildar by order dated 20.02.2007. Tahsildar submitted his report dated 06.03.2007 that no one had filed any objection and the case was uncontested as such the revenue entries were liable to be corrected. Thereafter, Sub -Divisional Officer, by order dated 08.03.2007, allowed the application and directed for correcting the entries, by deleting the name of recorded tenure holder and recording the name of Shri Sarveshwari Samooh, Awadhoot Bhagwan Ram Kushtha Sewa Ashram, Parav, Varanasi, registration no. 498, President Param Pujya Gurupad Sambhav Ramji. On coming to know of the aforesaid order, the petitioner filed a revision (registered as Revision No. 123/127 of 2007) against the aforesaid order. It has been stated by the petitioner that the proceedings in the case was exparte and has been passed without issue/service of summons on the petitioner who was interested person. Bhagwan Awadhoot Ramji (opposite party -1) took nirvan on 29.11.1992. The application under Section 33/39 of the Act was filed on 20.02.2007. The application, after such a long time, was not maintainable. Although the village Jokahi was placed in to record operation during this period but no effort was made for getting the name of respondent -4 recorded. Bhagwan Awadhoot Ramji executed his last will dated 11.04.1992, by which he had appointed/nominated Siddharth Gautam Ramji as successor President of Shri Sarveshwari Samooh, Awadhoot Bhagwan Ram Kushtha Sewa Ashram, Parav, Varanasi, registration no. 498 (hereinafter referred to as the Trust). In respect of the post of President of the Trust a civil suit (registered as O.S. No. 265 of 1993) was filed in Civil Court Varanasi, in which Sambhav Ramji was also a defendant along with Siddharth Gautam Ramji. In this suit, ad -interim injunction was passed in favour of the petitioner, Siddharth Gautam Ramji. The petitioner has been managing the affairs of the Trust, since 1992, in the knowledge of Sambhav Ramji. Siddharth Gautam Ramji, who was successor President of the Trust under the last will of Bhagwan Awadhoot Ramji, dated 11.04.1992, is managing the affairs of the Trust under the orders of Civil Court, which has been upheld up to Supreme Court but concealing this material fact and without impleading the petitioner, the application was filed and the order was obtained exparte. The revision was heard by Additional Commissioner, who by order dated 12.05.2008, held that Siddharth Gautam Ramji had resigned from the post of President. From the papers of Income Tax Department and the order of Registrar, Societies, Chits and Fund dated 03.01.2005, it was proved that at present Sambhav Ramji was acting as President of the Trust. According to clause 20 of the Bye Laws of the Trust, after the death of President, his property vested in the Trust as such Sub -Divisional Officer rightly recorded the name of respondent -4. On these findings the revision was dismissed.;