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2025 DAILYLAW 37273 (ALL)

SHATRUHAN SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/11304/2025 · 2025-04-16

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56799 Court No. - 35 Case :- WRIT - C No. - 11304 of 2025 Petitioner :- Shatruhan Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shrawan Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :- "Issue a writ, order or direction in nature of certiorari for quashing the impugned order dated 22.04.2024 passed by the Commissioner Basti Division Basti in revision no.943 of 2024 Computer serial no.C202417000000973 (Shatruhan Singh vs. Barkhu and others) (Annexure no.6 to this writ petition) and order dated 22.04.2024 passed by the learned Tehsildar Harraiya Tehsil Harraiya Basti in case no.RST/06305/2018, (Annexure no.4 to this writ petition)." 3. Admittedly, the sale deed has been executed by the uncle of petitioner in favour of the private respondents and on the basis of sale deed, name of the vendor has been recorded in the revenue record. Since the sale deed was regarding two numbers and the mutation order was passed only regarding one number, an application for correction was moved by the vendor which was allowed by the order dated 26.4.2012. Restoration application has been filed by the petitioner against the said order and the same has been dismissed. Revision filed by the petitioner has also been dismissed. 4. Contention of learned counsel for the petitioner is that petitioner has already filed a suit for cancellation of sale deed executed in favour of the private respondents which is pending. It has been further contended that no finding has been recorded on the restoration application of the petitioner and the order has been anti-dated. 5. Be as it may, since the petitioner has not disputed that the sale deed was regarding two numbers, therefore, nothing wrong has been committed by the Court in allowing the correction application and mentioning the other number which was mentioned in the sale deed. Further sale deed has not been cancelled yet and the suit is still pending. Unless the sale deed is cancelled, the vendee has right to get his name mutated in the revenue records. In case petitioner succeeds in the suit, the rights which accrue to the petitioner in view of the judgment, will follow. 6. With these observations, the writ petition stands disposed of. Order Date :- 17.4.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad