Madan Mohan and Others Vs State of U.P. Thru Prin. Secy. Home Civil Sectt. and Others

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Neutral Citation No. - 2025:AHC-LKO:41265

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Court No. - 13

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1002532 of 2013

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Petitioner :- Madan Mohan And Others Respondent :- State Of U.P. Thru Prin. Secy. Home Civil Sectt. And Others

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Counsel for Petitioner :- Manish Mathur,Vaibhav Srivastava Counsel for Respondent :- Govt. Advocate,Raj Mani Dubey

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.

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This writ petition has been filed seeking following main relief(s):-

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"(i) issue a writ, order or direction in the nature of certiorari quashing the order dated 18/03/2013 passed by Additional Sessions Judge, Amkedkar Ngar and 18/06/1998 passed by the Pargana Magistrate, Jalapur, Ambedkar Nagar (duly contained as Annexure No.1 & 2 to the Writ Petition)."

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This court, for the disposal of the instant writ petition has considered the following facts :-

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(i) The Pargana Magistrate,Jalalpur, Ambedkar Nagar/opposite party No.3 in exercise of powers under Section 145 Cr.P.C., passed an order on 08.04.1982. This order was passed after taking note of the fact that Lal Dei/opposite party No.2 was in possession of the land/property in issue of which Bhanwandeen was the owner.

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(ii) Lal Dei/opposite party No.2, who was in possession of the land/property in issue is the daughter of Bhagwandeen, who died on 1st October, 1981.

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(iii) Claim of the petitioners over the land/property of Bhanwandeen, father of Lal Dei/opposite party No.2, is based upon the Will dated 5th October, 1981. This Will has not been proved before the competent court of law.

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(iv) Some portion of the property has already been sold out by the Lal Dei/opposite party No.2 to Dr. D.N. College of Science and Smt. Vidya Devi, in regard to whom the applications for implead are pending. This fact also indicates that the petitioner

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at the relevant point of time was not in possession of the property in dispute.

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(v) Claim of the petitioners is that Bhagwandeen died on 10th October, 1981.

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(vi) After the order dated 08.04.1982, the final order was passed by the opposite party No.3 on 18.06.1998.

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(vii) Challenging the order dated 18.06.1998, Revision No.90/2007 (Madan Mohan and 05 others Vs. Lal Dei and others) was instituted by the petitioners. The revisional court took note of the fact that opposite party No.2 was in possession two months prior to passing of the order dated 08.04.1982 as also the letter of the Chief Medical Officer, Ayodhya dated 04.01.1983 wherein the concerned indicated the date of death of Bhagwandeen as 01.10.1982 and other documents viz. copy of the death certificate, copy of the family register according to which Bhagwandeen died on 01.10.1981 and thereafter affirmed the order of the opposite party No.3 dated 18.06.1998 vide the impugned order dated 18.03.2013.

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(viii) The petitioner approached this Court being aggrieved by the orders passed in mutation proceedings initiated by the petitioners in terms of Section 34 of the U.P. Land Revenue Act, 1901 by means of Writ Petition No.5065 (MS) of 2007 and this Court declined to interfere in the orders passed by the revenue authorities vide order dated 26.09.2007.

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(ix) The order dated 26.09.2007 indicates that this court observed that the petitioner may approach appropriate forum and may file a suit under Section 228B of the Z.A. and L.R. Act, 1950 (in short "Act of 1950") as also an application seeking interim protection under Section 229D of the Act of 1950.

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(x) The suit as appears from the record, is pending consideration before the Sub Divisional Magistrate concerned.

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(xi) A suit for cancellation of the 'Will', as appears from the Annexure No.10 to the writ petition was instituted by the opposite party No.2/Lal Dei.

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Upon due consideration of the pleadings and material on record as also the recital of the orders impugned as also taking note of the observations made by Hon'ble Apex Court in the judgment passed in the case of Ram Sumer Puri Mahant Vs. State of U.P. & others, AIR 1985 SC 472, Prakash Chand Sachdeva Vs. State and Another, AIR 1994 SC 1436,

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Jhummamal alias Devandas Vs. State of M.P. & others, AIR 1988 SC 1973, Amresh Tiwari Vs. Lalta Prasad Dubey and another, AIR 2000 SC 1504, Mohd. Shakir Vs. State of U.P., 2022 Live Law (SC) 727, M. Siddiq (Ram Janmabhumi Temple-5 J.) v. Suresh Das, (2020) 1 SCC 1, Sri Siddeshwar Temple Trust Committee v. Sri Malingaraya Temple Charitable Trust, (2020) 18 SCC 417 and Full Bench of this Court in the case of Ganga Bux Singh Vs. Sukhdin, AIR 1959 All 141 on the issue according to which in given facts of the case proceedings under Section 145 Cr.P.C. can be initiated even if the case before the civil court is pending, this Court is not inclined to interfere with the impugned orders.

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The application is, accordingly, dismissed. Cost made easy.

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Order Date :- 18.7.2025 ML/-

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Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Madan Mohan and Others v. State of U.P. Thru Prin. Secy. Home Civil Sectt. and Others

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Madan Mohan and Others v. State of U.P. Thru Prin. Secy. Home Civil Sectt. and Others

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