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2025 DAILYLAW 155029 (ALL)

PYARE @ PIYARE AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND 5 OTHERS

WRIC/7301/2025 · 2025-08-01

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44704 Court No. - 6 Case :- WRIT - C No. - 7301 of 2025 Petitioner :- Pyare @ Piyare And Another Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And 5 Others Counsel for Petitioner :- Prem Shanker Pandey,Abhishek Pandey Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Prem Shanker Pandey, learned counsel for the petitioners as well as learned Standing counsel on behalf of the respondent No.s 1 to 4. 2. In light of the proposed order notice to private respondents is dispensed with. 3. It has been submitted by learned counsel for the petitioners that the petitioner No.1 had purchased land situated at gata No.1177 (M) area about 1 bigha from Mahadevi widow of Mahavir through registered sale deed on 17.5.1999 while petitioner No.2 had purchase the land of gata No.1177 (M) are one bigha from Narendra an Surendra through registered sale deed on 26.5.2000. It has further been stated that as the village was under the consolidation operations where appropriate orders were passed under Section 12of U.P.C.H. Act in favour of the petitioner on 28.6.1999 and 27.7.2000. 4. It has been submitted that the said order became final but subsequently notification under Section 6 (1) of U.P..C.H. Act was issued cancelling the consolidation operations. It has been stated that the orders under Section 12 became final and as per the provisions of subsection 2 of Section 6 of C.H. Act even after notification under Section 6 (1) of the Act orders passed under Section 12 would prevail and, hence, submtis that the authorities should have mutated the name of the petitioners in the land on the basis of the aforesaid sale deed and the orders passed under Section 12 of C.H.Act but till date no such orders have been passed and accordingly in the present writ petition the prayer has been made for a direction to opposite party nos. 2, 3 and 4 to correct the revenue records pertaining to gata No.1177 (M). 5. Learned Standing counsel, on the other hand, has submitted that in case the petitioners move appropriate application under Section 32 of Revenue Code before competent authority in accordance with law the authority would duly consider the orders passed under Section 12 of U. P. C. H. Act and decide the application of the petitioner for mutation in accordance with law. 6. Learned counsel for the petitioners does not dispute the aforesaid contention and accordingly with the consent of the parties the present petition is disposed of with liberty to the petitioners to move appropriate application under Section 32 of Revenue Code for correction of the revenue record. Along with the application the petitioners shall also file orders passed in their favour under Section 12 of Revenue Code and the authorities while deciding the application under Section 32 shall also take into consideration their application under Section 12 of C.H.Act. 7. In case, such an application is moved by the petitioner within two weeks from today, the same shall be decided expeditiously, say within a period of three months from the date a certified copy of this order is placed before him, in case there is no legal impediment and in accordance with law. (Alok Mathur, J.) Order Date :- 1.8.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench