Vansh Bahadur Vs Commissioner, Gorakhpur Region and 5 Others

Court No. - 18

Case :- WRIT - C No. - 5393 of 2019

Petitioner :- Vansh Bahadur

Respondent :- Commissioner, Gorakhpur Region And 5 Others Counsel for Petitioner :- Prakash Narayan Dwivedi,Suresh Chandra Tripathi Counsel for Respondent :- C.S.C.,Madan Ji Pandey,Tariq Maqbool Khan

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Hon'ble Ajay Bhanot,J.

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The impugned orders have been passed in proceedings taken out under Section 34 of the U.P. Revenue Code, 2006. By the order passed by the authority of first instance, the name of the respondent no. 5 has been mutated in the land records over the disputed parcels of land and the objections of the petitioner have been rejected. The authorities below have found that the name of the respondent no.6 was existing in the land records in respect of the disputed parcels of land. The respondent no. 6 executed a sale deed in favour of the respondent no. 5. The petitioner has also filed a suit for cancellation of the aforesaid sale deed. The proceedings interse the parties are also pending before the consolidation authorities.

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The proceedings under Section 34 of the U.P. Revenue Code, 2006 are summary in nature, do not adjudicate title. The entries made in the revenue records pursuant to the impugned orders shall remain subject to the final adjudication of the matter by the civil court as well as the consolidation courts. However, at this stage no cause for interference by this Court exists in exercise of its writ

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jurisdiction.

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Interim order granted by this Court on 26.02.2019 is vacated.

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The writ petition is dismissed.

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Order Date :- 6.10.2021 Dhananjai

Vansh Bahadur v. Commissioner, Gorakhpur Region and 5 Others

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Vansh Bahadur v. Commissioner, Gorakhpur Region and 5 Others

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