Interim order in writ petition challenging revenue proceedings under U.P. Revenue Code while title dispute pending in civil court; stay on creation of third party rights.
Notice issued to private respondents; status quo maintained on creation of third party rights pending further hearing. ¶¶12-¶16
The court issues notice to private respondents Nos. 4, 5 and 6 and directs that till the next date of listing, the parties shall not create any third party right in respect of the property in question. ¶¶12-¶16
Court No. - 37
Case :- WRIT - C No. - 4484 of 2025
Petitioner :- Dhanraj Singh And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Suresh Singh Counsel for Respondent :- C.S.C.
Hon'ble Syed Qamar Hasan Rizvi,J.
Heard Shri Suresh Singh, learned counsel for the petitioners and Shri Awadhesh Kumar Patel, learned Standing Counsel for the State-respondents.
By means of the present writ petition, the petitioners have challenged the order dated 29.1.2025 passed by the Additional Commissioner-respondent No. 2 under Section 210 of the U.P. Revenue Code, 2006 in Case No. 203 of 2025 (Dhamraj Singh and others vs. Smt. Rachna Gupta and others) and also the order dated 14.8.2024 passed by the Sub Divisional Officer, Tehsil Sadar, District Kanpur Nagar-respondent No. 3 in Case No. 25784 of 2021 under Section 116 of the U.P. Revenue Code, 2006.
The submission of learned counsel for the petitioners is that private-opposite parties No. 4, 5, and 6 have jointly purchased the property in question from one Shivkali. His contention is that the sale deed dated 31.01.2013, by means of which respondents No. 4, 5, and 6 have allegedly acquired rights in the property, is under challenge in a civil suit pending before the learned Civil Judge (Junior Division), Kanpur, in Civil Suit No. 2076 of 2017 (Dhanraj and others vs. Divyansh Doser and others) and as such the proceedings under Section 116 of the U.P. Revenue Code, 2006, cannot be carried out by the Revenue Courts unless the validity of the said sale deed is adjudicated by the competent civil court.
He further submits that on the strength of the aforesaid disputed sale deed, the private-respondents tried to dispossess the petitioners, resulting into the lodging of the first information report having Case Crime No. 230 of 2024, under Section 420, 467, 471, and 506 IPC. The said matter is currently under police investigation.
Learned Standing Counsel, on behalf of the State, has vehemently opposed the writ petition. he contended that the revenue court has every authorities to proceed with the case under Section 116 of the U.P. Revenue Code, 2006. He submits that the property in question is already recorded in the name of
the private respondents and there is no legal impediment before the revenue authorities to proceed under Section 116 of the U.P. Revenue Code, 2006.
Matter requires consideration.
Issue notice to private-respondent Nos. 4, 5 and 6 returnable at an early date.
Steps for service of notice be taken within ten days.
Let counter affidavit be filed by all the private-opposite parties within a period of six weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List immediately after the expiry of the aforesaid period before the appropriate Bench.
It is provided that till the next date of listing the parties shall not create any third party right in respect of the property in question.
Order Date :- 4.3.2025
Sumaira
Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad
1 issue framed by the court
Whether revenue proceedings under Section 116 of the U.P. Revenue Code, 2006 can continue when the validity of the sale deed on which the private respondents rely is challenged in a pending civil suit.¶¶7
3 provisions across 2 enactments
How this case reached the court
Order dated 29.1.2025 passed by Additional Commissioner under Section 210 of U.P. Revenue Code, 2006 in Case No. 203 of 2025 and order dated 14.8.2024 passed by Sub Divisional Officer under Section 116 of U.P. Revenue Code, 2006 in Case No. 25784 of 2021¶¶6
Additional Commissioner and Sub Divisional Officer, Tehsil Sadar, District Kanpur Nagar · 29.1.2025
Civil Suit No. 2076 of 2017 (Dhanraj and others vs. Divyansh Doser and others) pending before Civil Judge (Junior Division), Kanpur challenging sale deed dated 31.01.2013¶¶7
FIR Case Crime No. 230 of 2024 under Sections 420, 467, 471, 506 IPC lodged against private respondents for attempted dispossession¶¶8
Revenue Case No. 203 of 2025 before Additional Commissioner under Section 210 U.P. Revenue Code¶¶6
Revenue Case No. 25784 of 2021 before Sub Divisional Officer under Section 116 U.P. Revenue Code¶¶6
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
