JANG BAHADUR Vs. COMMISSIONER, FAIZABAD AND OTHERS
LAWS(ALL)-2009-11-292
HIGH COURT OF ALLAHABAD
Decided on November 10,2009

JANG BAHADUR Appellant
VERSUS
Commissioner, Faizabad And Others Respondents

JUDGEMENT

Y.K. Sangal, J. - (1.)This writ petition has been filed to set aside the order passed by respondent No. 1 Commissioner, Faizabad dated 21.8.2009 and also order passed by respondent No. 2 District Magistrate, Ambedkarnagar dated 19.6.2009 and it was further prayed to direct the respondent No. 4 to postpone the mutation proceedings pending before him in respect of the land in dispute till the disposal of O.S. No. 429 Jang Bahadur Vs. Smt. Dhansira , under Sec. 229 B of the U. P. Z. A. & L. R. Act (hereinafter referred as Act) pending before opposite party No. 3.
(2.)Brief facts of the case are that respondent No. 5 showing her self wife of Banshu deceased got mutated her name in the revenue record. When this fact came to the notice of the petitioner, he filed suit before respondent No. 3 under Sec. 229 B of the Act to expunge the name of respondent No. 5 from the revenue record. Respondent No. 3 vide its order dated 23.10.1999 restrained the opposite party No. 5 from selling the land in dispute to some other person till further orders of the court , but during the pendency of the suit, with a view to garb the land of the petitioner, respondent No.5 moved an application before the respondent No. 2 for granting permission to sale the land which was granted to her on 19.6.2009. This order was challenged before the Commissioner, respondent No. 1 in revision No. 840/967 but he learned Commissioner without entering into the merits of the case saying that impugned order is an administrative order and revision against the same is not maintainable, dismissed the revision. Later on respondent No. 5 under the permission, sold the property in dispute to respondent No. 6 vide sale deed dated 4.7.2009 and respondent No. 6 applied for mutating her name in the revenue record. The matter is pending before the Tahsildar concerned.
(3.)Counsel for respondent No. 6 put in his appearance and filed Vakalatnama today. Counsel for caveator for respondent No. 5 is also present.


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