Supreme Court - Daily Orders
Mustaq Ahmad vs State Of U.P.,Th.Revenue Secretary on 11 March, 2014
â-
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.3802 OF 2014
(Arising out of SLP(C)No.8243 OF 2007)
MUSTAQ AHMAD .......APPELLANT
VERSUS
STATE OF U.P.,TH.REVENUE SECRETARY & ORS ......RESPONDENTS
O R D E R
Learned counsel for the rival parties have invited our
attention to the Motion Bench order dated 04.09.2013 wherein the petitioner
was allowed to move an appropriate application to bring on record the legal
representatives of the petitioner, who was then reported to have died.
It is not a matter of dispute between the rival parties that as
a matter of fact, the original petitioner is still alive. In fact, an un-
numbered I.A. was filed on 31.10.2013 to bring to the notice of this Court
that the original petitioner is still alive.
In view of the above, the Motion Bench order dated 04.09.2013
is recalled. The un-numbered I.A., filed on behalf of the petitioner to
bring correct facts on record, is disposed of in terms of the instant order
passed by us.
Leave granted.
The present controversy relates to a revenue entry dated
09.08.1985 showing the appellant herein as Bhumidhar/Sirdar of some land in
the revenue estate of village Lolepur, District Sultanpur in the State of
Uttar Pradesh. As a matter of fact, the challenge to the aforesaid entry
was made by the Pradhan of village Lolepur whereupon the District
Magistrate vide an order dated 09.04.1992 recorded a finding that the
entries in the name of the appellant herein were forged entries. It was
sought to be concluded that the land entered in the name of the appellant
was actually the land belonging to Gram Sabha.
Dissatisfied with the order passed by the District Magistrate
dated 09.04.1992, the appellant preferred Writ Petition No.1222(M.S) of
1992 before the High Court of Judicature at Allahabad (Lucknow Bench,
Lucknow)(hereinafter referred to as ‘the High Court’). The aforesaid writ
petition was dismissed by the High Court vide order dated 30.03.2007.
Through the instant civil appeal, the appellant has impugned the order of
the District Magistrate dated 09.04.1992, as also, the order passed by the
High Court on 30.03.2007.
During the course of hearing, we required learned counsel for
the appellant, to invite our attention to documents on the basis whereof,
an ownership entry could be made in the name of the appellant, in the
revenue estate of village Lolepur. At this, we were informed, that the
appellant is in possession of certain documents depicting that he was a
lease holder of the land under reference. Besides the aforementioned
documents, the appellant does not claim to be in possession of any
document, on the basis whereof, he can claim ownership rights, to the land
under reference.
In view of the above, we find no infirmity in the impugned
order passed by the High Court. We, therefore, hereby uphold the order
passed by the District Magistrate dated 09.04.1992, as also of the High
Court dated 30.03.2007.
The instant appeal is disposed of in the above terms.
...........................J.
(JAGDISH SINGH KHEHAR)
............................J.
(M.Y. EQBAL)
NEW DELHI;
MARCH 11, 2014.
ITEM NO.4 COURT NO.13 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).8243/2007
(From the judgement and order dated 30/03/2007 in WP No.1222/1992 dated
17/04/2007 in WP No.1222/1992,RP No.104/2007 of The HIGH COURT OF
JUDICATURE AT ALLAHABAD, BENCH AT LUCKNOW)
MUSTAQ AHMAD Petitioner(s)
VERSUS
STATE OF U.P.,TH.REVENUE SECRETARY & ORS Respondent(s)
(With appln(s) for vacating stay and exemption from filing O.T. and with
prayer for interim relief and office report)
(For final disposal)
Date: 11/03/2014 This Petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON’BLE MR. JUSTICE M.Y. EQBAL
For Petitioner(s) Mr.Mohit Chaudhary, Adv.
Ms. Puja Sharma, Adv.
Ms.Damini Chawla, Adv.
Mr.Harsh Sharma, Adv.
Ms.Pragya Singh, Adv.
For Respondent(s) Mr.Sanjay Visen, Adv.
Mr. Vinay Garg, Adv.
Mr.Upendra Mishra, Adv.
Mr. Dinesh Kumar Garg, Adv.(Not Present)
UPON hearing counsel the Court made the following
O R D E R
The Motion Bench order dated 04.09.2013 is recalled. The un- numbered I.A., filed on behalf of the petitioner to bring correct facts on record, is disposed of in terms of the instant order passed by us.
Leave granted.
The instant appeal is disposed of in terms of the signed order.
(Satish K.Yadav) (Phoolan Wati Arora)
Court Master Assistant Registrar
( Signed order is placed on the file )