Ramraj vs State of U.P. Thru. Collector/ Dist. Magistrate Dist. Amethi and 4 Others

2. Case of the petitioner is that he has purchased a land bearing Gata No.1375 situated at Village Harkhupur Shukulpur, Tehsil-Musafirkhana, District-Amethi from opposite party No.4 vide sale deed dated 08.07.2024 registered on the same date in the office of Sub Registrar, Musafirkhana, District-Amethi for a consideration of Rs.2 lakhs paid by cheque and has filed an application for mutation of his name in respect of the said land but during its pendency, the revenue officials have served him a notice for attachment of the said land allegedly in pursuance to an order dated 04.04.2024 passed by the Principal Judge Family Court, Sultanpur in favour of opposite party No.5, who is the wife of opposite party No.4 as the opposite party No.4 the erstwhile owner and vendor is liable to pay some maintenance to his wife-opposite party No.5, but, has not paid the same, oblivious of the fact that in the interregnum, the property has changed hands as per law and the petitioner cannot be proceeded in such a manner. Prima facie, the Sub Divisional Magistrate, Musafirkhana, District-Amethi should inquire as to whether the land in question has been sold by the opposite party No.4 in favour of the petitioner, if so, then he will have to submit a report to the Court which has passed the order dated 04.04.2024 apprising it of the correct facts unless it is a case of sham transaction but then it will have to be adjudicated by some court or if there was an entry made in terms of the order dated 04.04.2024 in the Khatauni by the revenue officials and even then the petitioner has purchased it, but, without expressing any conclusive opinion in the matter we would first of all like to know as to when for the first time, the notice of attachment was issued by the revenue officials in compliance of the order dated 04.04.2024 and when was the endorsement about the said order

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and attachment made in the revenue record, if at all it was made. Let the Sub Divisional Magistrate, Musafirkhana, District-Amethi provide instructions to learned Standing Counsel for assistance of the Court and he shall also indicate as to when were the revenue authorities served with the order dated 04.04.2024.

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3. List on 25.04.2025 as fresh.

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4. Till the next date of listing, the possession of the petitioner, if it is so, shall not be interfered. "

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Today, Sri Manish Mishra, learned Additional C.S.C. has written instructions to inform the Court that the order dated 04.04.2024 passed by the Principal Judge, Family Court, Sultanpur in favour of the opposite party No.5 was received in the office of the Sub Divisional Magistrate on 26.06.2024, when R.C. was received in the office of the Sub Divisional Magistrate though the date is not mentioned in the instructions, but, based on such receiving on 26.06.2024, R.C. Form 41 for attachment was issued. As regards the endorsement of the aforesaid fact in the khatauni, this was made for the first time in pursuance to the order dated 18.01.2025 on 12.02.2025, however, on being asked as to whether a report in this regard has been sent to the Court, which had passed the order dated 04.04.2024, it has been informed that it has not been so sent rather the property was put to an auction on 03.03.2025 but none appeared to purchase the same, therefore, now the auction is fixed for 03.05.2025.

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At this stage, Sri Manish Mishra, learned Additional C.S.C. says that prior to passing of order dated 02.04.2025, such information has been sent on 13.12.2024, we accordingly stay all the auction proceedings in respect of the land purchased by the petitioner vide sale deed dated 08.07.2024, as, on date of purchase of the said land, there was no such endorsement in the khatauni that the land had been attached and petitioner appears to be a bonafide purchaser atleast as of now.

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Issue notice to opposite party Nos.4 and 5.

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The Sub Divisional Magistrate is directed to send a report about the aforesaid facts to the Court of learned Principal Judge, Family Court, Sultanpur referring to the Case No.1543/2023; Shahnaz Bano Vs. Niyaz Ahmed , which is said to be pending in its Court. We, however, make it clear that the said Court is at liberty to initiate such proceedings, as may be permissible in law, for recovery of the amount due to the opposite party No.5 from the opposite party No.4 under its orders, but, without

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affecting the rights of the petitioner in respect of the land in question based on the sale deed aforesaid.

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Let pleadings be exchanged between the parties within eight weeks.

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List thereafter.

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The possession of the petitioner, if it is so, shall not be interfered. He shall however not alienate the property in question.

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( Om Prakash Shukla,J. ) (Rajan Roy,J.)

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Order Date :- 25.4.2025 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Ramraj v. State of U.P. Thru. Collector/ Dist. Magistrate Dist. Amethi and 4 Others

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Ramraj v. State of U.P. Thru. Collector/ Dist. Magistrate Dist. Amethi and 4 Others

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