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2025 DAILYLAW 130906 (ALL)

VIDHYA DEVI v. COMMISSIONER, LUCKNOW DIVISION, LKO. AND OTHERS

WRIC/3554/2025 · 2025-04-16

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21409 Court No. - 7 Case :- WRIT - C No. - 3554 of 2025 Petitioner :- Vidhya Devi Respondent :- Commissioner, Lucknow Division, Lko. And Others Counsel for Petitioner :- Jai Prakash Yadav,Sachichida Nand Shukla Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the petitioner, Shri Hemant Kumar Pandey, learned Standing Counsel for the State/opposite party Nos. 1 to 3 and perused the record. 2. In view of order proposed to be passed, issuance of notice to the private-opposite party, if any, is hereby dispensed with. 3. The instant petition has been preferred seeking following main relief:- "(I). Issue a Writ, Order or Direction in the nature of Certiorari to quash the impugned Judgment and order dated 25.02.2025 whereby Revision bearing no. 2260 of 2024 under section 210 of U.P Revenue code, 2006 "Vidhyadevi Vs Smt. Kirti Singh and ors" which was filed against the order dated 15.04.2024 passed by Deputy Collector Dalmau District- Raibareilly in respect of Case no.1808 of 2023, Computerized case no. T- 202310580501808 under section 35(2) of U.P Revenue Code 2006 which was filed against the order dated 03.08.2023 passed by Tahsildar Dalmau whereby Mutation Application under section 34 of U.P revenue Code 2006 as contained in Annexure no. 1 and 2 and so far as Annexure No.3 is concerned, it may be quashed after summoning the same in the best interest of justice. II. Issue writ, order or direction in the nature of mandamus thereby commanding/directing the O.P no. 1 to 3 not to disturb the peaceful possession of the petitioners land bearing Gata no. 1219 Area 0.4700 Hectare situated in Village Gram Gaura Hardo, Pargana and Tahsil -Dalmau, District- Rai Bareilly in the best interest of justice." 4. The brief facts, for disposal of the case, are as under :- (i) The petitioner executed a registered sale-deed on 16.08.2022. By the registered sale deed dated 16.08.2022, the petitioner transferred the land in dispute/issue i.e. Gata No.1219/0.4700 Hectare in favour of the opposite party No.4 namely Smt. Kirti Singh, W/o Dhamendra Bahadur Singh. (ii) Based upon the registered sale deed dated 16.08.2022, the opposite party No.3/Tehsildar-Dalmau, District Raebareli passed an order dated 03.08.2023 in the mutation proceedings instituted under Section 34 of the U.P. Revenue Code, 2006 (in short "Revenue Code"). (iii) In compliance of the order dated 03.08.2023 name of the opposite party No.4/Kirti Singh was recorded in the revenue record. (iv) After the aforesaid, the petitioner instituted a suit for cancellation of the sale-deed dated 16.08.2022. This suit is pending as Regular Suit No.1395 of 2023 (Vidhya Devi Vs. Kirti Singh and others) in the Court of Civil Judge (Junior Division), Court No.18, Raebareli. (v) Thereafter, being aggrieved by the order dated 03.08.2023, the petitioner filed an appeal in terms of Section 35 (2) of the Revenue Code bearing Appeal No.1808 of 2023 (Vidhya Devi Vs. Kirti Singh and others). The appellate authority namely opposite party No.2/Deputy Collector, Dalmau, District Raebareli dismissed the appeal filed by the petitioner vide order dated 15.04.2024. (vi) The sale deed dated 16.08.2022, the basis of order dated 03.08.2023 is still intact. (vii) The order of the appellate authority dated 15.04.2024 on the same reasoning has been affirmed by the revisional authority namely opposite party No.1/Commissioner, Lucknow Division, Lucknow vide order dated 25.02.2025 passed in revision filed by the petitioner i.e. Revision No. 2260/2024 (Computerized No. C 202410000002260) under Section 210 of the Revenue Code. 5. Upon due consideration of the aforesaid facts, particularly that the sale deed dated 16.08.2022, basis of order dated 03.08.2023 passed in mutation case, has not been cancelled till date, this Court finds that no interference in the matter is required. Accordingly, the writ petition is hereby dismissed. Order Date :- 16.4.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench