Ramdhari vs State of U.P. and others

Krishna Murari, J.—Heard learned Counsel for the petitioner.

This petition has been filed seeking a mandamus commanding the respondent No. 3 to decide the application moved by the petitioner before the Naib Tehsildar for recording his name over the land in dispute on the ground that he has been in possession over the same for last 30 years. A perusal of the pleadings goes to show that the land in dispute belongs to Gaon Sabha and the allotment was made in favour of one Harpal son of Hari Singh. Since the petitioner again and again took possession of the said land as such the proceedings 198A of U.P. Zamindari Abolition and Land Reforms Act (for short the ''Act'') were initiated against him on the basis of a complaint. The Chief Judicial Magistrate vide judgement and order dated 25.2.2009 convicted him for the offence under section 198A of the Act for three months simple imprisonment and imposed Rs.1000/ as fine. Aggrieved, he went up in appeal. However, his appeal was allowed on technical ground that the offence was not established beyond doubt. After that, the petitioner moved an application for mutation of his name. Merely because, the petitioner has been exonerated of the offence under section 198A of the Act the same will not entitle him for mutation of his name over the land in dispute which admittedly belongs to Gaon Sabha and has been allotted in favour of somebody else.

In view of above, the application filed by the petitioner is not maintainable and the mandamus claimed by him cannot be allowed.

The petition stands dismissed.