Ram Surat Ram (Maurya), J. - (1.) Heard Sri M.A. Khan, Senior Advocate, assisted by Sri Mohd. Aslam Khan, for the petitioners and Sri O.P. Singh, Senior Advocate, assisted by Sri I.D. Shukla, for the contesting respondents. The writ petition has been filed against the orders of Tahsildar dated 27.1.2005, Sub -Divisional Officer dated 14.3.2005 and Commissioner dated 5.2.2010 passed in mutation proceeding under Sec. 34 of U.P. Land Revenue Act, 1901 (hereinafter referred to as "the Act").
(2.) The dispute between the parties relates to plots 1654 (area 0.51 acre), 1655 (area 0.37 acre), 1658 (area 0.53 acre) and 1659 (area 0.31 acre) of village Singha Parasi, pargana and district Bahraich. Zia -uddin and others (respondents -10 to 21) filed separate applications (registered as Case Nos. 284, 289/665 -A, 290, 291, 292, 698, 706, 707, 708, 614, 615, and 699) (case No. 698 was leading case) under Sec. 34 of the Act, for mutating their names, on the basis of 12 separate registered sale deeds in their favour, executed by Radhey Shyam and others (respondents -4 to 9), who were recorded tenure holders, over the land in dispute. After proclamation, the petitioners filed their objection, stating therein that the land in dispute was acquired by joint family of Sant Ram, Sarju Prasad, Prabhu Prasad and Bindeshwari Prasad, in which they had 1/4 share each. Thereafter, family partition took place on 1.2.1948 and memorandum of family settlement was reduced in writing on 20.7.1952. Prabhu Prasad filed a suit (registered as Suit No. 320/123) under Sec. 229 -B/176 of U.P. Act No. 1 of 1951, in which preliminary decree was passed on 2.7.1969 on the basis of compromise. As all co -sharers were in separate possession in pursuance of family settlement as such no further action was taken. Bindeshwari Prasad died in 1988. At that time, the petitioners were minors. Six months prior, when the transferees began to interfere in possession of the petitioners then on inquiry it was found that by committing forgery names of Smt. Kailasha Devi wife of Sant Ram, Om Prakash and Radhey Shyam sons of Sant Ram were mutated by order of Sub -Divisional Officer dated 25.4.1970. Amaldaramad of this order was made in khatauni 1359 -F although in khatauni 1368 -F to 1381 -F, name of Sant Ram was still recorded and they were in possession of it over their share. As such sale deeds executed by respondents -4 to 9 were fabricated documents and on its basis names of respondents -10 to 21 cannot be mutated.
(3.) The petitioners took several adjournments but could not adduce any evidence. Later on they defaulted. Tahsildar, by order dated 27.1.2005 allowed the mutation applications and directed for recording the names of transferees over the land in dispute on the basis of registered sale -deeds, executed by recorded tenure holders, in their favour. The petitioners filed an appeal (registered as Appeal No. 43) from aforesaid order. Sub -Divisional Officer, by order dated 14.3.2005, dismissed the appeal. The petitioners filed a revision (registered as Revision No. 73) against the aforesaid order. In revision, the petitioners also filed various documents. The revision was heard by Commissioner, who by order dated 5.2.2010 dismissed the revision. Hence this writ petition has been filed.;