Allahabad High Court
Shiv Shankar Giri vs Union Of India And 31 Others on 5 August, 2020
Bench: Surya Prakash Kesarwani, Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 5 Case :- WRIT - C No. - 11461 of 2020 Petitioner :- Shiv Shankar Giri Respondent :- Union Of India And 31 Others Counsel for Petitioner :- Raghvendra Shankar Srivastava Counsel for Respondent :- C.S.C.,Vikash Chandra Tripathi Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Ajay Bhanot,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Shri Vikash Chandra Tripathi, learned counsel for the respondent no. 1.
The petitioner has filed this writ petition with the following reliefs:
"(a) To issue a writ in the nature of certiorari quashing the impugned order dated 08.01.2019 (Vide Annexure No. 3 to the writ petition) passed by the Respondent No. 4/Competent Authority/Additional District Magistrate (Finance & Revenue), Ghazipur.
(b) To issue a writ in the nature of mandamus commanding the Respondent No. 3/Jiladhikari, District Ghazipur to direct the committee of three member of officer, vide its order Challan No. 1457 to conduct the enquiry and submit its report in the time bound period and also issued mandamus, commanding and directing the Respondent No. 3/Ziladhikari, District Ghazipur to decide the application dated 24.10.2019 of the petitioner according with law in time bound period."
The petitioner claims to be Sarvarahkar of the temple Shree Ram Laxman Janki Ji Mandir situate at Mohalla Rui Mandi, Pargana and Tehsil Sadar, District Ghazipur.
According to the petitioner, large number of Khasra / plots situated at Mauza Arazi Bagh Karimul, Pargana and District Ghazipur, were recorded in the name of the aforesaid Sarvarahkar, in the Khatauni of fasli year 1308, 1359 and 1360F, but in consolidation proceedings, in the year 1963, the names of the private respondents or their ancestors were wrongly recorded in the revenue record.
Therefore, the petitioner filed a Suit No.80/38, under Section 229B of the U.P.Z.A.& L.R. Act, which was initially allowed by ex-parte judgment dated 31.03.2015 and decree dated 13.04.2015. An application for recall of the aforesaid judgment and decree was filed before the Additional District Magiatrate, Ghazipur. Thereafter the aforesaid Suit No. 80/38 under Section 229B of the U.P.Z.A.&L.R. Act, was dismissed by judgment and order dated 09.05.2018, against which, the petitioner filed First Appeal No. 1907 of 2018, before the Divisional Commissioner, Varanasi Region, Varanasi, which was also dismissed by order dated 16.11.2019. Against the order of the first appellate authority, the petitioner filed a Second Appeal No. 3213 of 2019 (Shiv Shankar Giri Vs. State of Uttar Pradesh and Others), before the Board of Revenue, Allahabad, which is stated to pending.
In the meantime, some of the plots were acquired and the compensation thereof amounting to about Rs. 13 crores was directed to be paid to the private respondents by order of the Competent Authority/ Additional District Magistrate (Finance and Revenue), Ghazipur, dated 08.01.2019, with the condition that the private respondents/persons whose names are recorded in the revenue record shall submit Indemnity Bond.
Aggrieved with the order dated 08.01.2019, the petitioner has filed the present writ petition after a lapse of about one and a half years. Alongwith this writ petition, the petitioner has not filed copy of the order dated 09.05.2018 passed by the Additional District Magistrate, Ghazipur, dismissing the suit of the petitioner under Section 229B of the U.P.Z.A.&L.R. Act and the order of the first appellate authority dated 16.11.2019. The petitioner has also not filed the copies of the relevant Khataunies including current Khatauni.
From the facts aforementioned, it appears that the entire matter relating to the title over the land in dispute is pending before the Board of Revenue, Allahabad, in Second Appeal No. 3213 of 2019 (Shiv Shankar Giri Vs. State of Uttar Pradesh and Others), which is stated to have been filed by the petitioner in the month of March, 2020.
We do not find any good reason to interfere with the matter at this stage. Therefore, the writ petition is dismissed leaving it open to the petitioner to move an expedite application before the Board of Revenue, Allahabad, for disposal of his Second Appeal No. 3213 of 2019 (Shiv Shankar Giri Vs. State of Uttar Pradesh and Others). If such an application is filed, the Board of Revenue, Allahabad, shall expedite the hearing of the appeal and decide it expeditiously.
With the aforesaid observation, the writ petition is dismissed at this stage.
Order Date :- 5.8.2020 Dhananjai