High Court
Case Details
Neutral Citation No. - 2025:AHC:52602 Court No. - 9 Case :- WRIT - C No. - 24277 of 2024 Petitioner :- Girish Chandra Gupta Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Hausihla Prasad Mishra Counsel for Respondent :- Ashish Agrawal,C.S.C.,Ram Sajiwan Prajapati Hon'ble Rohit Ranjan Agarwal,J. 1. Heard Sri H.P. Mishra, learned counsel for the petitioner, learned Standing Counsel for respondent no. 1 and Sri Ashish Agrawal, learned counsel for respondent no. 3. 2. This writ petition has been filed challenging the order dated 18.05.2024 passed in Land Acquisition Reference No. 01 of 2006 whereby the recall application filed by petitioner was rejected and order dated 22.07.2011 passed by Additional District Judge, Court No. 1, Bhadohi-Gyanpur allowing substitution application filed by respondent no. 3. 3. Facts in nutshell, are that one Rajaram had three sons namely Krishna Chandra, Ramesh Chandra and Girish Chandra. Krishna Chandra was adopted by one Sita Ram. Ramesh Chandra and Shiv Kumari who were issue-less had adopted one Anoop Kumar and an adoption deed was executed on 05.07.1983 which was registered on 14.07.1983. 4. The land of Ramesh Chandra was acquired under the provisions of Land Acquisition Act, 1894. Against the award made by Collector, a reference was filed before Additional District Judge,
Legal Reasoning
Varanasi which was decided in favour of one Smt. Hamida Bibi. Against the judgment of reference court, a First Appeal No. 95 of 1997 was filed by Shiv Kumari versus Hamida Bibi which was allowed on 04.08.2004 against which Hamida Bibi preferred a Special Leave to Appeal (Civil) No. 222 of 2005 which was dismissed by Hon'ble Apex Court on 22.07.2005. 5. Ramesh Chandra Gupta husband of Shiv Kumari against the award made in the year 1987 passed by Special Land Acquisition Officer filed a reference application which was rejected in the year 1990 against which a Writ Petition No. 25202 of 1990 was preferred. During the pendency of the writ petition, Ramesh Chandra died and Shiv Kumari was substituted in his place. The
Decision
said writ petition was disposed of on 14.09.2005 and the matter was remitted for adjudication afresh. The District Land Acquisition Officer on 10.01.2006 referred the matter to District Judge, Bhadohi which has been registered as Land Acquisition Reference No. 01 of 2006. During the pendency of the said land acquisition reference, Shiv Kumari died on 18.10.2010 and a substitution application under Order XXII Rule 3 CPC was moved by Anoop Kumar for substituting him as legal heir which was allowed by order dated 22.07.2011. Against the said order, a recall application was moved by petitioner, Girish Chandra, brother of Ramesh Chandra. The said application has been rejected by order impugned. Hence, this writ petition. 6. Sri H.P. Mishra, learned counsel for the petitioner submits that the adoption deed as well as the Will executed by Ramesh Chandra and Shiv Kumari was challenged by petitioner in Original Suit No. 119 of 2013 which is pending consideration in which the present respondent no. 3 is avoiding appearance and is not letting the matter proceed. According to him, respondent no. 3 is not the adopted child of Ramesh Chandra and Shiv Kumari. He then contended that court below has wrongly rejected the recall application relying upon the adoption deed of 1983. 7. Sri Ashish Agrawal, learned counsel appearing for respondent no. 3 submits that the adoption deed of 1983 was registered on 14.07.1983 during the lifetime of Ramesh Chandra and Shiv Kumari. Remesh Chandra had executed a Will in favour of Shiv Kumari on 18.01.1991 and after his death in the year 1992, the matter was being contested by Shiv Kumari on the basis of Will executed in her favour. It is further contended that after the death of Shiv Kumari in the year 2010, on the basis of Will executed by Shiv Kumari on 23.09.2010 as well as adoption deed of the year 1983, Anoop Kumar has been substituted as the legal heir in the Land Acquisition Reference No. 01 of 2006. 8. I have heard respective counsel for the parties and perused the material on record. 9. The short controversy in question is as to whether Anoop Kumar is the legal heir and adopted child of Ramesh Chandra and Shiv Kumari. It is not in dispute that on 05.07.1983, an adoption deed was executed by Ramesh Chandra and Shiv Kumari for adopting Anoop Kumar. The said adoption deed was registered on 14.07.1983. It was never challenged for 30 years. In was only after the death of Shiv Kumari in the year 2010 that Anoop Kumar had moved substitution application under Order XXII Rule 3 CPC for substituting him as legal heir of Shiv Kumari on the basis of adoption deed as well as the Will deed executed by Shiv Kumari on 23.09.2010 and he being substituted as legal heir in the said reference proceedings, the petitioner before this Court had filed a suit for cancellation of gift deed of the year 1983 and Will deed dated 15.01.1991 and 23.09.2010 through Original Suit No. 119 of 2013. The court below had proceeded to allow the application for substitution in the land reference. 10. After hearing learned counsel for the parties and perusing the material on record, I find that registered adoption deed still holds ground and has not been cancelled and only civil suit is pending in respect of cancellation of the adoption deed as well as two Will, one executed by Ramesh Chandra and the other executed by Shiv Kumari. The court below had rightly proceeded to allow the substitution application on the basis of adoption deed of the year 1983. The said adoption deed was never questioned by anyone for 30 years. It is a registered document and prima facie presumption is drawn in favour of adoption made by Ramesh Chandra and Shiv Kumari in the year 1983. The petitioner has failed to bring on record any material to show that said adoption deed was forged and fabricated. 11. I find that no ground for interference is made out in the order passed by court below on 22.07.2011 and 18.05.2024. 12. The writ petition fails and is hereby dismissed. Order Date :- 10.4.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad