Neutral Citation No. - 2025:AHC:38444 Court No. - 35 Case :- WRIT - C No. - 5132 of 2025 Petitioner :- Shyam Bihari Kushwaha And Another Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Kameshwar Rao Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed for the following relief: "1. Issue an appropriate writ, order or direction in the nature of certiorari quashing the impugned order dated 4.12.2024 passed by the respondent no. 2 i.e. Additional Commissioner (Second), Varanasi Division, Varanasi in Case No. 2731/2024 (Computerized Case No. C202414000002731), Shyam Bihari Kushwaha & others vs. Srikant Singh Kushwaha & others, under Section 219 of U.p. Land Revenue Act, 1901 and impugned order dated 4.09.2024 passed by the respondent no. 3 i.e. Sub- Divisional Magistrate, Jakhaniya, Ghazipur in Case No. 1749/2023 (Computerized Case No. C202314290501749), Srikant vs. Shyam Bihari & others, under Section 114(c) of U.P. Revenue Code, 2006. 2. Issue an appropriate writ, order or direction in the nature of mandamus directing the respondents not to interfere in peaceful possession of the petitioners over the land in question i.e. Arazi No. 256 area 0.5980 hectare situated at Village-Gaurakhas, Arazi No. 113 area 0.7750 hectare situated at Village-Shahpur Bahor Rai and Arazi No. 139 area 0.2330 hectare situated at Village-Ghaurakhurd, Pargana-Sadiyabad, Tehsil-Jakhaniya, District-Ghazipur." 3. Brief facts of the case are that name of the petitioner was mutated in place of Mukhram. The petitioner has been found guilty of murder of Mukhram and has been sentenced under Section 302 of I.P.C. for the murder of Mukhram, though the appeal filed by the petitioner is pending and he has been released on bail. By order dated 04.09.2024, name of the petitioner has been directed to be removed in view of provisions of Section 114-C of the U.P. Revenue Code, 2006 as the murderer is disqualified to inherit the property. Section 114-C of the U.P. Revenue Code, 2006 is quoted as under: "Section 114(c) of the U.P. Revenue Code, 2006 (c) A person who commits murder of a [bhumidhar, asami or government lessee] [Substituted 'bhumidhar or asami' by U.P. Act No. 4 of 2016, dated 11.3.2016.], or abets the commission of such murder, shall be disqualified from inheriting the interest of the deceased in any holding;" 4. It is contended by learned counsel for the petitioner that Mukhram has died on 05.12.2014 and the U.P. Revenue Code, 2006 came in force in February, 2016 and therefore, the provisions of Section 114-C of the U.P. Revenue Code, 2006 will not apply. 5. Learned Standing Counsel has relied upon judgment in case of Radhey Shyam v. Deputy Director of Consolidation and others reported in 1973 RD 373 wherein this Court has taken a view that a murderer becomes non existent in relation to the murdered person is not a principle of Hindu Law. It is a principle of public policy and therefore, will be applicable to succession governed by the Tenancy Act or by the U.P.Z.A. & L.R. Act. Though there is no provision either in these laws which may either expressly or by any implication excluded the application of this principle of public policy that the murderer heir is in law is non existent on the date of murder. In view of the law laid down by this Court in case of Radhey Shyam (Supra), no illegality has been committed by the respondent authorities. 6. The writ petition fails, and is accordingly, dismissed. 7. However, in case, the appeal filed by the petitioner is allowed and he is acquitted of his charges, then, he can always claim inheritance being son of Mukhram and if any such claim is raised after the acquittal, this judgment will not come in the way of the petitioner. Order Date :- 18.3.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad