Court No. - 28 Case :- WRIT - C No. - 37806 of 2010 Petitioner :- Narvada Prasad Mishra And Another Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Anil Bhushan Respondent Counsel :- C.S.C. Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the
State.
The present writ petition has been filed for quashing the order dated
09.06.2010 passed by Sub-Divisional-Magistrate, Handia,District Allahabad,
by which the Sub-Divisional-Magistrate, Handia,District Allahabad, sought to
change the date of birth and date of death of Vishesar son of Ram Avtar and
Umrai wife of Bhagirath.
It is contended on behalf of petitioners that Vishesar son of Ram Avtar and
Umrai wife of Bhagirath were joint owner of the Bhumidhari land in question,
for which they executed a registered sale-deed in the year 1970 and the name
of the petitioners were recorded in the revenue records. It is further contended
that the petitioner no.1 executed a Power of Attorney in favour of the
petitioner no.2 and it has been argued that Ram Dular the respondent no.5,
who did not belong to the family of Vishesar son of Ram Avtar and Umrai
wife of Bhagirath, pursuant to the exparte order of the Consolidation Officer
passed in the year 1980 got his name entered in the revenue records with
regard to the property in question on the basis of the un-registered will-deed
dated 22.11.1965 which is alleged to have been executed by Vishesar son of
Ram Avtar and Umrai wife of Bhagirath, in favour of Ram Dular the
respondent no.5. The said will is totally forged and when the petitioners came
to know about exparte order passed in the year 1980 by the Consolidation
Officer, they moved an application for recalling the order dated 16.06.1980
and 18.01.1988 which were recalled. It is thus contended that the said orders
are forged and the matter is still pending before the Consolidation Officer. It
is also contended that in order to get the registered sale-deed, executed by
Vishesar son of Ram Avtar and Umrai wife of Bhagirath vitiated, order
impugned has been passed by Sub-Divisional-Magistrate, Handia, District
Allahabad, which is bad in law.
Issue notice to the respondent no.5 returnable within a period of four
weeks.Steps be taken within a week.
Learned Standing Counsel prays for and is granted four weeks time for filing
counter affidavit. Respondent no.5 may also file counter affidavit within the
same period. As prayed by learned counsel for the petitioners, two weeks’
thereafter, is granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period before appropriate Court.
Till the next date of listing, operation of the order impugned dated dated
09.06.2010 passed by Sub-Divisional-Magistrate, Handia,District Allahabad,
shall be kept in abeyance.
Order Date :- 2.7.2010/S.Ali