Court No. 21
Civil Misc. Writ Petition No. 146 of 2009
Baij Nath
Versus
State of U.P. and others
Hon'ble V.K.Shukla,J
Present writ petition has been filed questioning the validity of the
order dated 19.12.1997 passed by Assistant Development Officer, Block
Buxa, District Jaunpur and the order of its affirmance dated 31.10.2008
passed by Sub Divisional Officer, Sadar, District Jaunpur in proceedings
under Rule 6-A U.P. Panchayat Raj (Maintenance of Family Registers) Rules,
1970.
Brief background of the case as mentioned by petitioner is that Dannu
father of Hira Lal and Ram Pher @ Pheran died some time in the year 1946
and after his death name of his wife Smt. Jitau was recorded in the revenue
papers. Smt. Jitau died on 03.01.1980 thereafter Land Record Inspector
recorded the name of Hira Lal and Ram Pher @ Pheran. Ram Pher @
Pheran has challenged order of Supervisor Kannongo under Section 34 of
Land Revenue Act. Said application was rejected. Ram Pher @ Pheran filed
suit under Section 229-B of U.P. Z. A & L& R Act and said suit was dismissed
on 10.03.1996. Appeal preferred against the same was also dismissed.
Second Appeal was also filed before Board of Revenue and same was
abated due to consolidation proceedings. In consolidation proceedings Aakar
Patra 23 plots were recorded in the name of Hira Lal son of Dannu with half
share and half share in the name of Ram Pher @ Pheran. Kisan Bahi was
also issued in the name of Hira Lal son of Dannu and Akar Patra 45 was also
got prepared in the name of aforesaid two incumbents namely Hira Lal son
of Dannu and Ram Pher @ Pheran. Petitioner's contention is that attempt
was made to get his name deleted from parivar register and in this
direction. Ram Pher @ Pheran was shown as only son of Dannu and Hira Lal
was shown as not at all son of Dannu and based on the same correction has
been made. Appeal has been preferred and same has also been dismissed.
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At this juncture present writ petition has been filed.
Pleadings inter se parties have been exchanged thereafter present
writ petition has been taken up for final hearing and disposal.
Learned counsel for the petitioner contended that in the present case
proceedings in question under U.P. Panchayat Raj (Maintenance of Family
Registers) Rules, 1970 are summary in nature and once material has been
furnished which favoured the case of the petitioner, same has completely
been ignored and on mere surmises and conjecture orders has been passed,
to wipe out the effect of adjudication made in consolidation made in
consolidation proceedings.
Countering the said submission, learned Standing counsel as well as
learned counsel for the respondents on the other hand contended that
rightful view has been taken in the matter and as such no interference
should be made.
After respective arguments have been advanced factual position
which is emerging in the present case is that earlier suit under Section 229-
B of U.P.Z. A & L.R. Act had been dismissed on 10.03.1996. Appeal
preferred against the same was also dismissed on 21.11.1990. Second
appeal in question pending before Board of Revenue was abated on
16.04.1991 due to consolidation proceedings and in consolidation
proceedings, admitted position is that property qua which Akar Patra 23 and
Akar Patra 45 was prepared same was in the name of both incumbents
namely Ram Pher @ Pheran and Hira Lal son of Dannu are there. Said
proceedings have been permitted to attain finality. Once said proceedings
have been permitted to attain finality then said aspect of the matter ought
to have bee examined by authority concerned while making entries in the
family register as envisaged under U.P. Panchayat Raj (Maintenance of
Family Registers) Rules, 1970. Order in question reflects that only version
given by respondents has been adverted to and public documents which
were there which shows and substantiate the case of the petitioner has
completely been ignored and as such decision making process is faulty on
the face of it.
Consequently, order dated 19.12.1997 passed by Assistant
Development Officer, Block Buxa, District Jaunpur and the order of its
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affirmance dated 31.10.2008 passed by Sub Divisional Officer, Sadar,
District Jaunpur are hereby quashed and set aside. Assistant Development
Officer, Block Buxa, District Jaunpur is directed to pass fresh order after
providing opportunity of hearing to the parties concerned and take
appropriate decision on the basis of material produced by the parties
concerned.
With the above the observations and direction present writ petition is
allowed.
No order as to cost.
Dated 01.02.2010
Dhruv
