Allahabad High Court
Sarita & Ors. vs Commissioner Lucknow Division Lucknow ... on 24 January, 2020
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 25 Case :- MISC. SINGLE No. - 36270 of 2019 Petitioner :- Sarita & Ors. Respondent :- Commissioner Lucknow Division Lucknow & Ors. Counsel for Petitioner :- Lalit Kishore Tiwari,Anand Mani Tripathi Counsel for Respondent :- C.S.C.,Ambika Prasad Pathak Hon'ble Mrs. Sangeeta Chandra,J.
Counter affidavit filed today is taken on record.
Heard the learned counsel for the parties and perused the record.
Learned counsel for the contesting-respondent no.4 has pointed out that this writ petition challenges the orders passed in mutation proceedings alone.
He has referred to the judgment rendered by this Court in (Awadhesh Singh Vs. Additional Commissioner & Others) passed in Writ-C No.13751 of 2005 decided on 04.08.2017 saying that this writ petition be dismissed.
It has been submitted that the opposite party no.4 filed a Suit for cancellation of a sale deed in the court of Additional Civil Judge (Junior Division), Lucknow, bearing No.156 of 1995 (Ram Pal Vs. Shiv Kumar Singh and Others) which was decided on 12.11.2003 and the sale deed dated 23.05.1992 was cancelled. The petitioners have filed an Appeal before the Additional District Judge, Lucknow, (Surya Kumar Tripathi and Others Vs. Ram Pal) which was dismissed on 27.01.2016. The rights of the parties have been decided by the Competent Civil Court and the orders passed in mutation proceedings which are summarily in nature.
From a perusal of the orders impugned in this petition, it is evident that by the order dated 03.10.2015 the Recall application of the opposite party no.4 has been entertained by the S.D.M., Sadar, Lucknow. Revision has been rejected by the Additional Commissioner (Judicial) on 18.09.2019 saying that the order passed by the S.D.M., Sadar, Lucknow, is an interlocutory against which no Revision is maintainable.
This Court finds no good ground to show interference by this Court in this petition as the rights of the parties have already been decided by the Competent Civil Court.
The writ petition is dismissed. No order as to costs.
Order Date :- 24.1.2020 PAL