RAM SURAT RAM (MAURYA), J. - (1.) HEARD Sri Lal Chandra Yadav, for the petitioner and Sri J.S. Pandey, for respondent -5.
(2.) THIS writ petition has been filed against the orders of Deputy Collector dated 30.06.2011, allowing the appeal and directing to record the name of Devendra Nath Lahri (respondent -5) over the land in dispute and Additional Commissioner dated 28.01.2014, dismissing the revision of the petitioner against the aforesaid order, in mutation proceeding under Section 34 of U.P. Land Revenue Act, 1901 (hereinafter referred to as the Act).
(3.) THE dispute relates to plot 12 -Ka (area 15.631 hectare), 12 -M (area 0.230 hectare), 131 -Ka (area 0.371 hectare) and 275 (area 0.035 hectare) of village Sofipur, tahsil and district Firozabad, which were recorded in the name of Jagannath Prasad son of Sobha Ram Lahri, Manager Goshala, resident of mohalla Duli, Firozabad. On the death of Jagannath Prasad on 27.12.1989, Devendra Nath Lahri (respondent -5) filed an application on 10.09.2009, for mutation of his name as an heir of Jagannath Prasad, being his son. Vishnu Agrawal (the petitioner) as Manager, Shri Gaushala, Firozabad also filed an application on 05.12.2009, for mutation of his name. Tahsildar, by order dated 27.04.2011, found that the land in dispute was land of Shri Gaushala, Firozabad, on which name of Jagannath Prasad was recorded as its Manager. His son will not inherit the property of Shri Gaushala, Firozabad. On these findings he dismissed the application of respondent -5 and allowed the application of the petitioner and directed for recording the name of Shri Gaushala, Firozabad over the land in dispute. Respondent -5 filed an appeal (registered as Appeal No. 33 of 2010 -11) from the aforesaid order. The appeal was heard by Deputy Collector, who by dated 30.06.2011, held that in CH Form -41 and 45, a separate khata of different plots were recorded in the name of Shri Gaushala, Firozabad while the land in dispute was recorded in the name of Jagannath Prasad son of Shobha Ram Lahri, Manager Gaushala, which is definitely his private property. From statement of Lekhpal although it is proved that the entire land was used for Gaushala even on today but Jagannath Prasad through out remained as Manager of Gaushala. The land in dispute was recorded in the name of Jagannath Prasad as such after his death, the name of his son was liable to be mutated. On these findings the appeal was allowed and the name of Devendra Nath Lahri (respondent -5) was directed to be mutated over the land in dispute.;