Ashish Singh and Others Vs Deputy Director of Consolidation District Barabanki and Others — Allahabad HC (2024) — LawSathi Research

Ashish Singh and Others Vs Deputy Director of Consolidation District Barabanki and Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No interference with the order dated 29.08.2023; application disposed of with liberty to the applicants to pursue the case pending before the Consolidation Officer, which shall be decided on its own merits.

Issue for consideration

Whether the order dated 29.08.2023 passed by the Sub-Divisional Magistrate under Sections 145/146 Cr.P.C. releasing the disputed gata land in favour of the recorded tenure holders suffers from illegality or irregularity warranting interference by the High Court under Section 482 Cr.P.C.

Court's answer

Taking into account the facts of the case and the pendency of the title dispute before the Consolidation Officer, Ramsanehighat, District Barabanki, the Magistrate committed no illegality or irregularity in passing the order dated 29.08.2023 releasing the land in favour of the recorded tenure holders.

Ratio / Principle

This Court is not inclined to interfere in the matter; the application is disposed of with liberty to the applicants to pursue the case pending before the Consolidation Officer, which shall be decided on its own merits.

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. by Ashish Singh and others seeking setting aside of the order dated 29.08.2023 passed by the Sub-Divisional Magistrate, Sirauligauspur, District Barabanki in Case No.RST/1847/2017 (Nirmla Singh & others Vs. Vindhe Singh & others) under Sections 145/146 Cr.P.C., whereby gata nos. 802, 612, 803, 837, 888 and 1167 of village Itaura, Pargana Dariyabad, Police Station Dariyabad were released in favour of the recorded tenure holders on the basis of khatauni entries and an officials' report recording the private opposite parties in possession. Noting that the title dispute between the parties was pending before the Consolidation Officer, Ramsanehighat, District Barabanki pursuant to the DDC's order dated 25.01.2023 in Revision No.41 of 2022 under Section 48(1) of the U.P. Consolidation of Holdings Act, 1953, the Court held that the Magistrate had committed no illegality or irregularity, declined interference, and disposed of the application with liberty to the applicants to pursue the consolidation case, to be decided on its own merits. Single-judge bench of Saurabh Lavania, J.; decided 23.9.2024.

Neutral Citation No. - 2024:AHC-LKO:66163

Court No. - 13

Case :- APPLICATION U/S 482 No. - 10639 of 2023

Applicant :- Ashish Singh And Others Opposite Party :- Deputy Director Of Consolidation District Barabanki And Others Counsel for Applicant :- Arun Kumar Shukla,Amit Kumar Mishra,Brijendra Kumar Singh

Counsel for Opposite Party :- G.A.,Shyam Pratap Singh,Virendra Kumar Shukla

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicants, learned A.G.A. and Shri Virendra Kumar Shukla, learned counsel for opposite party nos.4, 5, 6, 7, 8, 10, 11 & 12.

The present application under Section 482 Cr.P.C. has been filed by the applicants, namely, Ashish Singh, Nirmla Singh, Dharmraj Singh, Shail Kumari, Himanshu Pratap Singh and Sudhanshu Pratap Singh seeking the following main relief(s):-

"i. Set-aside the impugned order dated 29.08.2023 passed by the Sub-Divisional Collector Tehsil- Sirauli Gauspur, DistrictBarabanki in Suit No.RST/1847/2017, Computerized Suit No.T2017041248061847, in title of Nirmla Singh and others Versus Vindhe Singh and others, U/S 145, 146 Cr.P.C. contained as Annexure No.1 along with this petition in the interest of justice."

Vide order dated 29.08.2023, in proceeding initiated from the side of the applicants registered as Case No.RST/1847/2017, Computerized Case No.T2017041248061847 (Nirmla Singh & others Vs. Vindhe Singh & others) under Sections 145/146 of Cr.P.C., the Sub-Divisional Magistrate, Sirauligauspur, District Barabanki (in short 'Magistrate') after considering the entries in the revenue record, i.e. khatauni related to gata nos. 802/0.307 hect., 612/0.489 hect., 803/0.408 hect., 837/0.457 hect., 888/0.438 hect. & 1167/0.485 hect., situated at village Itaura,

Pargana Dariyabad, Police Station Dariyabad, Tehsil Sirauligauspur, District Barabanki, released the said piece of land in favour of the recorded tenure holders, namely, Prem Narain Singh, Mahipal Singh, Rajpal Singh s/o Santbaksh Singh & Akash Singh, Vikas Singh s/o Surendra Bahadur Singh, Smt. Shivkumari w/o Surendra Bahadur Singh & Smt. Premadevi w/o Kunwar Bahadur Singh & Ram Pratap Singh & Shyam Pratap Singh & Durga Pratap Singh s/o Prem Narain Singh.

While passing the order in issue, the Magistrate also took note of the report submitted by the concerned officials, according to which the private opposite parties were found in possession of the land in issue.

Taking note of the aforesaid facts of the case as also the fact that the title dispute between the parties is pending before the Consolidation Officer, Ramsanehighat District Barabanki in terms of the order of DDC dated 25.01.2023 passed in Revision No.41 of 2022 ( Dharmraj Singh and others Vs. Vindhe Singh and others) under Section 48(1) of U.P. Consolidation of Holdings Act, 1953 numbered as Computerization Case No.2013530412000020, this Court finds that Magistrate has not committed any illegality or irregularity in passing the order dated 29.08.2023.

Accordingly, this Court is not inclined to interfere in the matter. The instant application is disposed of with liberty to the applicants to pursue the case pending before the Consolidation Officer, which shall be decided by the Consolidation Officer on its own merits.

Order Date :- 23.9.2024 Anand/-

Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench