Virenda Singh v. Gaon Sabha and others) under Section
Case Details
Neutral Citation No. - 2025:AHC:120135 Court No. - 34 Case :- WRIT - C No. - 23427 of 2025 Petitioner :- Smt. Shanti Devi Respondent :- Additional Commissioner (Judicial) And 2 Others Counsel for Petitioner :- Santosh Kumar Yadav Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioner, Sri Avinash Chandra Srivastava for respondent no. 2 and learned Standing Counsel for respondent nos. 1 and 3.
Decision
2. The grievance of the writ petitioner is that on the basis of a report of Tehsildar in the year 2020, proceedings for cancellation of Patta granted in favour of the petitioner were initiated and by an order dated 09.04.2024, under Section 31/32, the lease was cancelled only on the ground that the petitioner could not produce documents in support of her claim. Challenging the said order, revision was preferred in which an application for stay of the order impugned was also moved, however, Additional Commissioner (Judicial), Agra has rejected the application vide order dated 21.05.2024. The revision is still pending. 3. Learned counsel for the petitioner submits that under identical circumstances, arising out of an order of identical nature, revision was filed by one Virendra Singh where the stay application was rejected. In the said case, this Court in Writ-C No. 9491 of 2025 issued a direction to decide the revision expeditiously and till disposal of the revision, operation of the order cancelling the lease has been stayed by an order dated 08.04.2025. The said order dated 08.04.2025 is reproduced hereunder:- "1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :- "issue a writ, order or direction in the nature of certiorari quashing the impugned order 21.05.2024 passed by the Respondent no. dated Additional Commissioner (Judicial), Agra Division, 1/Agra rejecting the Stay Application filed by the petitioner in Revision No. 1160 of 2024 (Virenda Singh Vs. Gaon Sabha and others) under Section 210 of U.P. Revenue Code, 2006. "-contained in Annexure No. 1 and 2 to the Writ Petition); ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in peaceful possession of petitioner over land consisting of Gata No. 200 area 0.202 Hectare and 325 area 445 Hecate situated in village Pal, Tehsil CoBhogaon, District Mainpuri and to maintain status He in respect of nature and possession of the same during the pendency of Revision No. 1160 of 2024 (Virendra Singh Vs. Gaon Sabha and others) under Section 210 of U.P. Revenue Code, 2006 before the Additional Commissioner (Judicial), Agra Division, Agra." 3. Contention of learned counsel for the petitioner is that patta was granted to the petitioner in the year 1981 and subsequently, bhumidhari rights were conferred also. In proceeding u/s 31/32 of the U.P. Revenue Code, 2006, revenue entry in favour of the petitioner has been expunged by the order dated 7.4.2024 even without issuing notices to the petitioner. The order dated 7.4.2024 has been challenged by the petitioner in revision being Revision No.1160/2024 which has been admitted but the application for interim relief has been rejected. It has been further contended by learned counsel for the petitioner that long stand entry cannot be expunged in summary proceedings under Section 31/32 of the U.P. Revenue Code, 2006. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this writ petition pending and a direction may be issued to respondent No.1 to consider and decide the above- mentioned revision filed by the petitioner. 5. Accordingly, this writ petition stands disposed of with direction to respondent No.1 to decide the above-mentioned revision filed by the petitioner, in accordance with law, expeditiously, preferably within six months from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. 6. Till disposal of the above-mentioned revision, the operation of order dated 7.4.2024 passed by the S.D.O. (Judicial) shall remain stayed. 4. Learned Additional Chief Standing Counsel submits that once the petitioner could not produce any document to substantiate grant of lease in her favour as well as approval, if any, granted to the same, the Sub Divisional Magistrate was right in cancelling the lease. 5. Be that as it may, prima facie the Court finds that there is at least document described in question-answer attached at page 30 where the name of the petitioner pursuant to the allotment is recorded with reference to date 18.07.1981. The order dated 09.04.2024 indicates that the revenue authorities themselves could not produce any record of 1981 and even the answer to the question raised by the petitioner remained without any substantive result and it appears that the application for copy was returned to the petitioner. 6. Be that as it may, once the revision is pending and substantive rights of the petitioner based upon lease, if any, are involved in the revision, rejecting prayer of interim relief, in the given facts of the case, is not justified. 7. In view of the above, the writ petition is disposed of directing the Additional Commissioner (Judicial) Agra to decide the Revision Suit No. 1162 of 2024 "Computerized No. C20240100001162 (Smt. Shanti Devi and other vs. Gaon Sabha and others) under Section 210 of U.P. Land Reveue Code-2006 within a period of four months from the date a copy of this order is filed before him. 8. Till disposal of the revision, effect and operation of the order dated 09.04.2024 passed by the Sub Divisional Magistrate (Judicial), Bhogaon in Case No. 3185 of 2021 "Computerized Case No. T202101490303185" shall remain stayed. 9. It is made clear that the revision shall be decided on its own merits and any observation made in this order is only to examine the interim relief and shall not affect the adjudication of revision on merits by the Additional Commissioner (Judicial). Order Date :- 22.7.2025 Pkb/ Digitally signed by :- PRAMOD KUMAR BAJPAI High Court of Judicature at Allahabad