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2025 DAILYLAW 182282 (ALL)

TULSI RAM DUBEY v. ADDITIONAL COMMISSIONER, TEHSIL BALDIRAI, AYODHYA DIVISION, SULTANPUR AND OTHERS

/11294/2025 · 2025-11-26

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11294 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Shri Ashish Kumar Dwivedi, learned counsel for the petitioner as well as Shri Yogesh Kumar Awasthi, learned Standing Counsel for the respondents no.1 and 2 and Shri S.P. Tiwari, learned counsel for the private respondents no. 3 to 5. 2. The present writ petition has been filed with the following main reliefs:- "(i) Issue a writ, order or direction quashing the impugned order dated 24.07.2025 passed by Additional Commissioner (Judicial) Ayodhya Division in Revision No. 943 of 2025, as contained in Annexure No.1 to this petition. (ii) Issue a writ, order or direction quashign the impugned order dated 24.03.2025 passed by Tehsildar, Sadar, District Sultanpur, in Case No. 827/2024, as contained in Annexure No.2 tot his petition. (iii) Issue a writ, order or direction commanding the learned Tehsildar, Tehsil Sadar, District Sultanpur to decide case no. 827/2024 which is pending since the year 2015 expeditiously within stipulated time period as fixed by this Hon'ble Court." 3. It has been submitted by learned counsel for the petitioner that dispute in the present pertains to the land situated at Gata No. 926/0.8340 hec., 979/1.0360 hec., 980/0.0650 hec., 983/0.1470 hec., situated at village Lokepur, Pargana Barausa, District Sultnapur and Gata No. 284/0.4580 hec., 292/0.0510 hec., 293/0.0890 hec., 280/0.0510 hec., 831/0.0630 Versus Counsel for Petitioner(s) : Ashish Kumar Dwivedi Counsel for Respondent(s) : C.S.C., Saryu Prasad Tiwari Tulsi Ram Dubey .....Petitioner(s) Additional Commissioner, Tehsil Baldirai, Ayodhya Division, Sultanpur And Others .....Respondent(s) hec., 260/0.0570 hec., 266/0.1260 hec., 267/0.0730 hec., 268/0.0450 hec., 269/0.0060 hec., 270/0.0380 hec., 280/0.0510 hec., 281/0.00380 hec., 285/0.0250 hec., 286/0.0180 hec., 287/0.1010 hec., 289/0.00300 hec., 201/0.0250 hec., 257/2.0910 hec., 118/0.4680 hec., 288/ 0.0630 hec. situated at village Shivnagar, Barausa, District Sultanpur and Gata No. 1020.304 hec., 105/0.4660 hec., 106/0.2150 hec., 107/0.7840 hec., 111 Kha/0.4740 hec, situated at Village Govindpur, Pargana Barausa, Tehsil Baldirai, District Sultanpur, which were recorded in the name of Shri Ram son of Nageshwar. After the death of Shri Ram on 7.8.2015, the petitioner had moved an application for mutation on the basis of registered Will Deed dated 15.4.2015 and order in his favour was passed by the Naib Tehsildar, Tehsil Sadar, District Sultanpur on 2.11.2023. It is against the order dated 2.11.2023, the opposite parties no. 3 and 4 had filed an appeal before the Sub Divisional Magistrate, Sadar, District Sultanpur, which was allowed by means of order dated 27.11.2023 and remanded the matter back to Naib Tehsildar, to decide the same afresh. 4. It has also been submitted that opposite parties no. 3 to 5 had filed a civil suit in the court of Civil Judge (Junior Division), Court No.15, Sultanpur, which has been numbered as Suit No. 686/2018 for cancellation of will deed on 15.4.2025, wherein interim order has been passed on 19.2.2020 directing the parties to maintain staus-quo and they have also been restricted from changing the nature of the property. It has been submitted that the said suit is pending and it is in the light of the aforesaid interim order, Naib Tehsildar by means of impugned order dated 24.3.2025 has dismissed the application as abated. The petitioner, thereafter has preferred a revision before the Additional Commissioner, who in turn has affirmed the order of Tehsildar dated 24.3.2025 noticing that the order dated 19.2.2020 of the civil court is existing and covering the entire matter and during the operation of the interim order, no direction for mutation as prayed by the petitioner has been passed and rejected the revision. 5. Counsel for the petitioner has submitted that the mutation proceedings are mere summary proceedings and do not pertain to the right, interest or entitle of any person and therefore even where an order of status-quo is operating, the same shall not bar the revenue authorities from mutating WRIC No. 11294 of 2025 2 the land in the name of any person. 6. Counsel for the respondents on the other hand opposed the writ petition. It has been submitted that the very basis of the application for mutation preferred by the petitioner is under challenged before the civil court wherein the order. dated 19.02.2020 has been passed. The entire substratum of the rights of the petitioner stands challenged before the civil court and therefore, in the aforesaid circumstances, the civil court has rightly passed the order of status-quo directing the parties to maintain status-quo with regard to the disputed property and further directing them not to change the same. 7. Considering rival contentions this Court is of the considered view that both the authorities i.e. the Naib Tehsildar and the Additional Commissioner have correctly appreciated the interim order passed by the trial court and restrained themselves from passing any order on the application for mutation. In case any orders were passed then certainly ..... of the restraining order passed by the civil court and therefore I do not find any infirmity in the order impugned in the present case. However, it is noticed that once the suit is decided then the parties in whose favour the suit is decided then certainly have a right to prefer a fresh application under Section 34 of the U.P. Revenue Code, which shall be binding on the revenue authorities, unless and until the order dated 19.02.2020 is changed may be modified or vacated, no order can be passed under Section 34 of the U.P. Revenue Code, as prayed by the petitioner. 8. Accordingly, in view of the aforesaid reasons, the writ petition is devoid of merits and is accordingly dismissed. November 26, 2025 Muk WRIC No. 11294 of 2025 3 (Alok Mathur,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench