ANIL KUMAR and ANR. v. COLLECTOR AMBEDKAR NAGAR DISTRICT AMBEDKAR NAGAR and ORS.
WRIC/10429/2018 · 2025-01-31
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143386 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143386 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:6957 Court No. - 8 Case :- WRIT - C No. - 10429 of 2018 Petitioner :- Anil Kumar And Anr. Respondent :- Collector Ambedkar Nagar District Ambedkar Nagar And Ors. Counsel for Petitioner :- Prem Shanker Shukla Counsel for Respondent :- C.S.C.,Ashutosh Pandey,Raj Deo Singh,Vineet Kumar Mishra,Yogesh Singh Hon'ble Jaspreet Singh,J. Heard Sri Prem Shanker Shukla learned counsel for the petitioners and Sri Yogesh Awasthi learned counsel for the State respondent as well as Sri Ashutosh Pandey learned counsel for the respondent no.3. The matter arises out of mutation proceedings. A coordinate Bench of this Court by means of the order dated 16.04.2024 had passed the following order which reads as under-
"1. Heard Sri Prem Shanker Shukla, learned counsel for the petitioners as well as learned Standing Counsel for respondent nos. 1 and 2 and Sri Ashutosh Pandey, learned counsel appearing for respondent no. 3. 2. The present dispute has its roots in the application under Section 34 of the Land Revenue Act filed by respondent no. 3 before the Tehsildar, Ram Nagar, Tehsil - Alapur, District - Ambedkar Nagar, who had allowed the said mutation application and rejected the application of petitioners with regard to the land situated at Village - Katha Morawa, Post - Madainiya, Pargana - Bidahar, Tehsil - Alapur, District - Ambedkar Nagar. 3. It has been submitted by learned counsel for the petitioners that respondent no. 3 had married second time with Hanuman Jaiswal R/o Village - Govind Sahab Ki Kutiya, Tehsil - Phoolpur, District - Azamgarh and subsequently she got married to Dharamraj. In the present writ petition in the description of parties she was shown to be wife of Hanuman and subsequently same was amended and she has been shown to be wife of Dharamraj. 4. The parties have jointly filed a compromise deed before this Court dated 24.08.2022 and have prayed that present writ petition be decided in terms of the compromise deed. Looking into the different versions with regard to identity of respondent no. 3 - Sharda Devi, present compromise deed also should be verified before any order is passed relying upon the said compromise deed. 5. Accordingly, let the compromise deed be placed before respondent no.
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- Collector, Ambedkar Nagar who is directed to verify the identity of the parties to the said compromise, for which purpose he can relegate the matter to the competent revenue authority from where the identity can be verified. 6. Let verification report be submitted by the Collector, Ambedkar Nagar to this Court within next eight weeks. The parties shall appear before the Collector, Ambedkar Nagar on 25.04.2024 or on any other subsequent date within one week, which may be fixed by the Collector according to his convenience as well as convenience of the parties. The parties shall cooperate in the proceedings before the Collector and produce relevant documents with regard to identity and validity of the compromise. 7. Registry of this Court is directed to return the original compromise deed to learned counsel for the petitioners, which has been filed before this Court on 26.08.2022, in Application No. 9 of 2022, in accordance with law, forthwith. 8. Learned counsel for the parties undertake to file the certified copy of this order before the Collector, Ambedkar Nagar alongwith the original compromise deed. 9. List this case on 08.07.2024. 0. Learned Standing Counsel is directed to file the verification report before this Court by the next date of listing." In pursuance thereof the parties had appeared before the Collector, Ambedkar Nagar before whom the compromise was to be verified. Today, learned Standing counsel has filed an affidavit of Sri Raj Kapoor who is presently holding the post of Naib Tehsildar Alapur District Ambedkar Nagar which is taken on record. In his personal affidavit, he has stated that the parties had entered into compromise which was verified as also indicated in the order dated 28.06.2024 passed by the S.D.O Alapur Ambedkar Nagar. Since, the compromise dated 24.08.2022 has been arrived at which has been duly verified the, instant petition also shall stand decided in terms of the said compromise. With the aforesaid, the petition stands disposed of.
Accordingly, the petition is consigned to record. Order Date :- 31.1.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench