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Neutral Citation No. - 2025:AHC:84727 Court No. - 35 Case :- WRIT - C No. - 39961 of 2024 Petitioner :- Smt Dharmwati Respondent :- State Of Up And 8 Others Counsel for Petitioner :- Mohan Lal Pandey,Ramesh Narayan Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed for following relief:-
"i) Issue a writ order or direction in the nature of certiorari and quash the impugned
order dated the order dated 16-10-2021 passed by Additional Commissioner Agra Division Agra/respondent no.2 in Revision No.00263/2020 and Computerized Suit No. C-202001000000263 (Smt. Dharwati Vs. Smt. Angoori Devi and others), under section 219 of the U.P land revenue Act 1901, order dated 7-1-2020 passed by respondent no.3 in Appeal No. RST 4453/2019, 8/19-20 in Computerized Suit No.T201901500404453 (Dharmwati Vs. Ramwati and others) Mauja Shivali, Tehsil Mant, District-Mathura under section 210 of the U.P Land Revenue Act 1901, and
order dated 27-1-1997 passed by respondent no.4 in Suit No.66R of 1994 (Ramwati Vs. Dharmvati) under section 34 of the land revenue Act Village Shivali Tehsil Mant, District-Mathura."
3. Contention of the learned counsel for the petitioner is that the real sister of the petitioner has got executed a forged sale deed in her favour from the petitioner. The sister of the petitioner applied for mutation and the mutation application was allowed. After coming to know about the sale deed, the petitioner filed a suit for cancellation of the sale deed. Against the mutation order, the petitioner preferred an appeal and the appeal was dismissed in default in the year 1998. Thereafter, the petitioner preferred a restoration application in the year 2019 and the same has been dismissed on the ground of delay in the year 2020. Petitioner filed a revision against that order, which was also dismissed in the year 2021. The present petition has been filed on 03.10.2024 challenging the orders impugned. It has also been stated by the learned counsel for the petitioner that the original suit filed for cancellation of the sale deed has also got dismissed in default and restoration application is still pending.
4. No illegality has been committed by the courts below in rejecting the applications filed by the petitioner. Accordingly, the writ petition is dismissed.
5. In case, the petitioner succeeds in his suit then order passed by the mutation court will be subject to the orders passed by the Civil Court.
Order Date :- 20.5.2025/Priya Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad