- (1.) HEARD Sri N.L. Pandey, for the petitioner and Sri A.K. Sachan, for respondent -3.
(2.) THIS writ petition has been filed for quashing the order dated 05.11.2012 passed by Tahsildar, allowing the application of respondent -3 and restoring mutation order dated 06.08.1992, passed under Section 34 of U.P. Land Revenue Act, 1901 (hereinafter referred to as the Act) and order of Additional Commissioner dated 30.01.2013 dismissing the revision of the petitioner.
(3.) JAGDISH Prasad Singh (respondent -3) filed an application (registered as Case No. 3929/582/1206/519) under Section 34 of the Act, for mutation of his name over plots 67 (area 0.12 acre), 68 (area 0.25 acre) and 74 (area 0.23 acre) of village Sahmalpur, pargana Athgaona, district Varanasi, on the basis of registered sale deed dated 25.02.1992 executed by Alchhendra Pratap Singh (the petitioner). Naib Tahsildar, by order dated 06.08.1992, allowed the mutation application and directed for recording the name of respondent -3 over the aforesaid plots along with other recorded tenure holders. The petitioner filed a suit (registered as O.S. No. 42 of 2003) before Civil Judge (JD) Hawali, Varanasi, on 13.01.2003, for cancellation of the sale deed dated 25.02.1992, alleging therein that the petitioner had negotiated to sell plot 74 (area 0.23 acre) alone to respondent -3. Plots 67 and 68 situate by the side of cold storage of the petitioner and were regularly used for the purposes of cold storage. Apart from it, it was very valuable land, carrying market value at least at the rate of Rs. 1 lakh per biswa. Respondent -3, fraudulently got inserted plots 67 and 68 also in the sale deed dated 25.02.1992 without any knowledge of the petitioner although there was neither any talk between the parties for sale of these plots nor sale consideration was paid. The petitioner through out remained in possession of plots 67 and 68. The sale deed is also hit by section 168 -A of U.P. Zamindari Abolition and Land Reforms Act, 1950. Aforesaid suit was decreed by ex parte judgment dated 15.09.2003. However ex parte decree was set aside on the application of respondent -3 by order dated 15.09.2009 and the suit was restored to its original number. Civil Revision No. 214 of 2009 filed by the petitioner against the order dated 15.09.2009 was dismissed by Additional District Judge, Court No. 1, Varanasi by order dated 28.01.2011 and Writ -C No. 7687 of 2011 filed by the petitioner against the aforesaid orders has been dismissed by this Court by order dated 02.01.2013.;