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Manveer Singh & Another v. State Of U.P. & Others - WRIT - C No. 61275 of 2006  RD-AH 19042 (10 November 2006)
Civil Misc. Writ Petition No. 61275 of 2006
Manveer Singh and others
State of U. P. and others
Hon'ble Krishna Murari, J.
Heard Sri K. K. Dwivedi, learned counsel for the petitioners and Sri Raj Kumar appearing for contesting respondent no. 5.
This petition arises out of proceedings under Section 34 of the U. P. Land Revenue Act (for short the ''Act').
The facts are that the name of contesting respondent no. 5 came to be mutated on the basis of sale deed dated 28.8.1998 executed in his favour by the recorded tenure holder vide order dated 6.10.1998. Subsequently, petitioners moved a recall application dated 26.12.2001 for recall of the order on the ground that they are purchasers of the property by means of earlier sale deed dated 25.3.1994. All the courts dismissed the recall application filed by the petitioners on the ground that there is no proper explanation for delay in moving the application.
From the perusal of the facts, it is clear that the dispute between the parties is with regard to validity of the two sale deeds said to have been executed in their favour. Proceedings under Section 34 of the Act being summary in nature, the said question cannot be adjudicated in these proceedings. Proceedings being summary, no useful purpose will be served by interfering in the matter. It is always open to the petitioners to get adjudication of the rights from the competent court having jurisdiction. From the perusal of the judgment of the revisional court, it becomes clear that some civil suit between the parties with regard to the sale deed is pending. Since the parties have already approached the civil court where dispute between the parties will be effectively adjudicated, there is no reason for this court to interfere in the orders passed in summary proceedings.
The writ petition accordingly false and is dismissed in limine.
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