Allahabad High Court
Brij Prasad Pandey & Ors vs Addl Commissioner Judicial Devi Patan ... on 11 January, 2017
Author: Rajan Roy
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- MISC. SINGLE No. - 503 of 2017 Petitioner :- Brij Prasad Pandey & Ors Respondent :- Addl Commissioner Judicial Devi Patan Mandal Gonda & Ors Counsel for Petitioner :- Mahendra Nath Mishra,Shashi Saurabh Tiwari Counsel for Respondent :- C.S.C Hon'ble Rajan Roy,J.
Heard.
The record reveals that vide order dated 7.12.1985, the name of the private opposite parties was recorded in the revenue record in respect of the land in question on the basis of a Will. However, on a suit for cancellation of the Will being filed by the predecessor-in-interest of the petitioner, which was allowed on 29.7.1995, the name of the petitioner's father was recorded ex parte in respect of the same land on 18.10.1996. An application under Order IX Rule 13 was filed by the private opposite parties before the Civil Court which was dismissed whereupon Misc. Appeal was filed, which was allowed on 28.1.2006. Consequently, proceedings were initiated by the private opposite parties in terms of the appellate order dated 28.01.2006 before the Tehsildar under Section 34 of the Land Revenue Act, 1901. These proceedings culminated on 7.8.2014 in striking of the name of the petitioners' father and restoration of the entry as on 7.12.1985 in favour of the private respondents. In the meantime, the petitioners, who were the legal heirs of Ram Naresh, their names were recorded in the revenue records in P.A. 11 after death of their father. Being aggrieved by the order dated 7.8.2014 passed by the Tehsildar, the petitioners preferred a revision which has been rejected.
Against the aforesaid background, this writ petition has been filed.
The contention of the petitioners is that the name of a dead person has been struck off, while the petitioners' name still continues and that they are in possession of the land in question for the past 20 years and the suit proceedings after being remanded by the Appellate Court are still pending, wherein the validity of the Will is yet to be ascertained. It is also submitted that ex parte judgment and decree was set aside by the Appellate Court subject to payment of cost of Rs.1,000/- which has not been deposited by respondents as yet.
Issue notice to opposite party no. 3.
List this case on 15.2.2017 as fresh.
In the meantime, the parties shall not alienate the land in question and status quo as regard the same shall be maintained by them till the next date of listing.
Order Date :- 11.1.2017 Akanksha