Court No. - 9 Case :- MISC. SINGLE No. - 125 of 2010 Petitioner :- Ram Pyare [ U/A 227 ] Respondent :- State Of U.P.Through Its Prin. Secy. Revenue Deptt. Lko.And Petitioner Counsel :- Gaya Deep Singh Respondent Counsel :- C.S.C Hon'ble Devendra Kumar Arora,J.
Notice on behalf of the opposite parties no.1 and 2 has been accepted by the
learned Chief Standing Counsel.
Notice need not be issued to the opposite parties no.3 to 5 in view of the
order, which the Court proposes to pass.
By means of present writ petition, the petitioner is seeking a writ in the nature
of mandamus commanding the opposite party no.2 to decide the matter of the
petitioner, which is pending before him in the interest of justice.
The submission of the counsel for the petitioner is that initially Gata Nos.
290/2.27, 292/0.25, 30/0.22 total area 2.74 acres and Gata Nos. 95/0.08,
96/1/0.03, 100/11/0.22, 1147/0.10, 1149/0.10, 1150/0.21, 1151/0.19,
1152/0.10 and 1104/0.25 situated in village Rudrapur, H.O. Kanila, Post
Badalpur, Tehsil Tulsipur, District Balrampur were recorded in the name of
late Ram Sewak son of Bhadai as Sankarmaniya Bhumidhar. Ram Sewak was
issue-less and he adopted the petitioner vide adoption deed dated 20.02.1954.
Ram Sewak died on 07.05.1979 and the aforesaid land was recorded in the
name of the petitioner.
The further submission of the counsel for the petitioner is that the opposite
parties no. 3 to 5 after the death of Ram Sewak executed a forged will deed in
their favour on 11.08.1980, on the basis of which, they claimed their share
from the land of Ram Sewak. The petitioner on coming to know about the
said facts filed civil suit before the First Additional Civil Judge (Junior
Division), Balrampur for cancellation of forged will deed dated 11.08.1980,
which was registered as Regular Suit No. 400 of 1999, Ram Pyare vs. Ram
Dularey & others andi was disposed of finally vide judgment and order dated
27.09.2001 and the so called will deed dated 11.08.1980 was cancelled and
subsequently the execution proceedings have also been completed on
15.10.2001. The petitioner on completion of execution proceedings filed
mutation application before the Naib Tehsildar, Mahrajganj, Teshil Tulsipur,
district Balrampur, which was registered as Case No. 38/541/12 in the year
2001 and the said case is pending since then.
The prayer of the counsel for the petitioner is that necessary direction be
issued to the opposite party no.2 to decide the case of the petitioner within a
stipulated period of time fixed by this Hon’ble Court.
The learned Standing Counsel has no objection to the prayer made by the
counsel for the petitioner.
In view of the above, without entering into the merits of the case and taking
into consideration the facts that the mutation proceedings are pending since
2001 before the opposite party no.2, it is hereby directed that the opposite
party no.2 will expedite the hearing of the mutation proceedings and will
make endeavour to complete the same within a period of three months from
the date of receipt of the certified copy of this order.
With the aforesaid observations and directions, the writ petition is disposed of
finally.
Order Date :- 13.1.2010
Suresh/-