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2025 DAILYLAW 118214 (ALL)

CHETNA CHANDRAMAULI TIWARI AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LUCKNOW AND OTHERS

WRIC/1086/2025 · 2025-02-11

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8566 Court No. - 8 Case :- WRIT - C No. - 1086 of 2025 Petitioner :- Chetna Chandramauli Tiwari And Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lucknow And Others Counsel for Petitioner :- Surya Narayan Singh,Ajit Singh Counsel for Respondent :- C.S.C.,Mahendra Kumar Shukla Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. Notice on behalf of the respondents No.1 to 4 has been accepted by the office of the Chief Standing Counsel. Shri Mahendra Kumar Shukla, learned counsel has accepted notice on behalf of the private- respondents No.5 and 6 on caveat. By means of the instant petition, the petitioners seek the following reliefs:- "1- To quash the entire proceedings after summoning the (a) Record U/s- 33 of U.P. Land Revenue Code, in the and application No.2024217300883003628 dated 22.05.2024 & Application No.2024217300883003629 dated 22.05.2024 "Ratan Mauli Vs Chandra Mauli, (b) Application U/s- 34 of U.P. Land Revenue Code in Case No.T202402570405208 dated 18.07.2024 "Chetna Vs Chadra Maulli" pending adjudication in the Court of Tahsildar Patti Distt-Pratapgarh. 2- To quash entire proceeding after summoning and examining the records pertains to the impugned order dated 05.06.2024 and 30.10.2024. 3- To quash the deeds which has been executed while stay order was in operative - (A) Gift Deed in favour of opposite party No.-6/Gaurang Tiwari S/o-Sri Ratan Mauli Tiwar vide Application No.- 202400883008620, Vahi No-1, Jild No-5979, Pristh No-71 to 86 dated 25.09.2024 (Ann No-8) (B) Gift Deed in favour of Respondent No.6/Gaurang Tiwari S/o-Sri Ratan Mauli Tiwar vide Application No.- 202400883008621, Vahi No-1, Jild No-5979, Pristh No-87 to 102 dated 25.09.2024 (Ann No-9) (C) Sell-deed in favour of Jitendra Kumar S/o-Sri Ramayan Prasad Dubey/Opp No-7, vide Application No- 202400883008623, Vahi No-1, Jild No-5979, Pristh No-147 to 162 dated 25.09.2024 (Ann No-10)." The submission of the learned counsel for the petitioners is that the property in dispute belongs to the petitioners. However, the private-respondents have illegally sold the property, despite an order restraining such sale passed by the competent Court. It is submitted that there are exceptional circumstances and in the aforesaid context, the proceedings initiated under Section 33 of the U.P. Revenue Code, 2006, (for short, 'the Code, 2006') are liable to be quashed so also a gift-deed, the details of which have been mentioned in prayer clause 3 which were executed while an interim order was subsisting also needs to be quashed as they are in teeth of the interim order. Having considered the aforesaid submissions and from a perusal of the material on record, it is not disputed that the proceedings are engaging the attention of the revenue Court. The prayer for quashing of the entire proceedings under Section 33 of the Code, 2006 cannot be entertained by this Court in light of the decisions of the Apex Court in Virudhunagar Hindu Nadargal Dharma vs Tuticorin Educational Society; (2019) 9 SCC 538 and Jacky v. Tiny @ Antony and others, (2014) 6 SCC 508. Insofar as quashing of the gift-deed is concerned, merely because there are violation of any interim order, the prayer cannot be entertained by this Court as it involves disputed questions of fact which this Court is not inclined to undertake especially when the petitioners have adequate remedies in law. For the aforesaid reasons, this Court finds that the petition is misconceived and is accordingly dismissed. Order Date :- 11.2.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench