Court No. - 6 Case :- WRIT - C No. - 47206 of 2010 Petitioner :- Hanumaan Ji Maharaj Virajman Respondent :- Addl. Collector (Admin.) District Agra & Others Petitioner Counsel :- D. Tiwari Respondent Counsel :- C.S.C.,D.D. Chauhan Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioners.
On the basis of sale deed executed by one Ramesh Chandra in favour of
respondent no.3, she initiated proceeding under Section 34 of the Land
Revenue Act and after following the procedure prescribed vide order dated
15.10.2005 her name was directed to be recorded over the land in dispute. The
petitioners challenged the said order in appeal on the allegation that during
consolidation the said land was recorded as bageechi (area of plantation of
flowers) and was situated adjacent to plot no.47 over which a temple existed.
The appellate court as well as revisional court both having found that the land
in dispute i.e. plot no.45 was recorded as bhoomidhari of vendor Ramesh
Chandra in 1411 to 1400 Fasli and the same entry is also contained in CH
Form 45, dismissed the same.
In view of the fact that the land in dispute was recorded as bhoomidhari of the
vendor Ramesh Chandra no illegality has been committee by the courts below
in rejecting the appeal and revision filed by the petitioner challenging the
mutation of the name of respondent no.3 on the basis of sale deed executed in
her favour.
In view of the above, there is no scope for interference in the impugned order.
The writ petition fails and is dismissed.
Order Date :- 11.8.2010
Anupam