Allahabad High Court
Azadar Husain vs The Sub Divisional Officer Shikohabad ... on 3 March, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - C No. - 6842 of 2020 Petitioner :- Azadar Husain Respondent :- The Sub Divisional Officer Shikohabad And 3 Others Counsel for Petitioner :- Madan Mohan,Prem Sagar Verma Counsel for Respondent :- C.S.C. Hon'ble J.J. Munir,J.
Heard Sri Ashish Kumar holding brief of Prem Sagar Verma, learned Counsel for the petitioner and Sri Abhishek Shukla, learned Standing Counsel appearing on behalf of State-respondent.
This writ petition has been filed seeking the following material relief:
"a) TO ISSUE a writ, order or direction in the nature of mandamus directing the respondent No.1-Sub-Divisional Officer, Shikohabad, District-Firozabad to consider and decide the Appeal no. 4465 of 2018 (Computer No. T201801260204465) (Azadar Husain vs. Suman Verma & others) filed under Section 207 of the U.P. Revenue Code, 2006 arising out of the proceedings under Section 35 of the U.P. Revenue Code, 2006 as expeditiously as possible preferably within the time stipulated by this Hon'ble Court;"
It appears from the facts giving rise to the petition that the fourth respondent, Shiv Narain executed a registered sale deed in favour of the petitioner on 22.04.2009 conveying the land comprising Khasra no.412, admeasuring 0.743 hectare, situate at Mauja Garhi Daan Sahay, Pargana Sikohabad, District Firozabad for a valuable sale consideration. The petitioners claims to be put in possession of the land, which he retains with him. The petitioner?s further case is that despite assignment of all interest by the fourth respondent in the land in dispute to the petitioner as aforesaid, he proceeded to transfer again half portion of the land in dispute on 26.04.2010 to the second respondent, Suman Verma and the remaining half share to the third respondent, Alok Kumar on 17.05.2010. It is claimed by the petitioner that the subsequent sale deeds, dated 26.04.2010 and 17.05.2010 in favour of respondent nos.2 and 3, respectively are void documents, inasmuch as, the fourth respondent had no residue of interest therein. It has been pointed out that respondent no.2 prosecuted the fourth respondent by lodging an FIR on basis of the above facts, giving rise to Case Crime no.503 of 2011, under Sections 420, 423, 406 IPC, Police Station Sikohabad, District Firozabad. It is the petitioner?s case that the fourth respondent has been convicted after trial in relation to the said case vide judgment and order dated 22.08.2017 passed by the Additional Chief Judicial Magistrate, Sikohabad, District Firozabad in Case no.222 of 2012, State vs. Shiv Narain.
This Court is not much concerned with the aforesaid facts, but these have been mentioned as the part of the facts of the petitioner?s case, that have led him to institute this petition. The petitioner?s further case is that respondent nos.2 and 3 moved for mutation based on subsequent void sale deeds in their favour and succeeded before the Authority in securing mutation. The petitioner also brought a mutation application based on his prior sale deed. The said application was dismissed in default on 04.06.2011. He filed a restoration application on 22.08.2011, seeking to recall the order dated 04.06.2011. The said restoration application was dismissed on 21.12.2011.
Aggrieved, the petitioner further moved restoration application on 27.12.2011 along with a delay condonation application, which came to be allowed by the Mutation Authority, setting aside orders dated 04.06.2011 and 21.12.2011. The mutation case was restored to its original file and number.
The Sub-Divisional Officer ordered all the three mutation cases, that is to say, one filed by the petitioner and the two filed by respondents nos.2 and 3 to be tagged and Case no.87/2010-11, Azadar Husain vs. Shiv Narain was made the leading case. This case was renumbered as Case no.00613 of 2018 before the Mutation Authority. Pending the mutation case and after conviction by the Criminal Court, respondent no.4 filed for cancellation of the sale deed dated 22.04.2018, executed in favour of the petitioner, giving rise to Suit no.158 of 2018 before the Civil Court. The Mutation Authority by its ordered dated 10.05.2018 stayed proceedings in the mutation matter awaiting decision of the civil suit.
Aggrieved by the order dated 10.05.2018, the petitioner appealed to the Sub-Divisional Officer, Shikohabad, under Section 207 of the U.P. Revenue Code, 2006 on 08.06.2018, giving rise to Appeal no.4465 of 2018 (Computerized Case no. 201801260204465).
The grievance of the petitioner before this Court specifically is that proceedings of the last mentioned appeal before the Sub-Divisional Officer are lingering on. In the meanwhile, the petitioner?s mutation case is suffering all the delay that the long course of a civil suit would take.
This Court is not minded to remark even the slightest about the merits of the parties? case in appeal or before the Mutation Authority, or the order of the Mutation Authorities staying those proceedings. All that has been detailed above is to chalk out the course of proceedings, that have brought the petitioner to this Court. The grievance of the petitioner is that proceedings of the appeal before the Sub-Divisional Officer, Shikohabad are lingering on suffering casual adjournments. He has taken this Court through the order sheet from 12.06.2018 to 06.06.2019. Indeed, the entire stretch shows casual adjournment and for slight reason with no order of moment being passed. This Court thinks that Appeal no.4465 of 2018 ought to be decided promptly within a specified period of time.
Looking to the nature of the order that this Court proposes to pass, no notice is being issued to the private respondents as rights of parties are not being determined on merits. Still, if the private respondents feel aggrieved, it would be open to them to make an application in the decided matter.
Learned Standing Counsel waives his right to file counter affidavit, looking to the order proposed to be made.
In view of what has been stated above, the Sub-Divisional Officer, Shikohabad, District Firozabad is ordered to decide Appeal/ Case no. 04465/2018 (Computerized Case No. T201801260204465), Azadar Husain vs. Suman Verma & others, under Section 207 of the U.P. Revenue Code, 2006, arising out of the proceedings under Section 35 of the U.P. Revenue Code, 2006, within a period of three months of the date of receipt of a copy of this order in accordance with law after hearing all parties concerned, provided there is no legal impediment.
The writ petition is allowed in terms of the above orders. No order as to costs.
Order Date :- 3.3.2020 Chandan