Orders Obtained Through Fraud Deemed Nullities,” High Court Restores Land in Favor of Petitioner
The High Court of Judicature at Allahabad, presided over by Hon’ble Alok Mathur, J., today delivered a significant judgment in a case involving fraudulent manipulation of revenue records. The Court, applying principles laid down by the Supreme Court regarding fraud, declared orders obtained through fraud as nullities, restoring the contested land to the petitioner.
Background:
The writ petition challenged various orders related to the cancellation of patta (land grant) and mutation (land record alteration) of land. The petitioner, Ganga Prasad, contested that Ram Naresh, a Lekhpal (revenue officer), fraudulently manipulated land records, which led to a series of disputed orders.
Key Issues and Court’s Assessment:
Fraudulent Manipulation of Revenue Records: The Court found that Ram Naresh, while serving as Lekhpal, made unauthorized changes to the revenue records to include his name, replacing the petitioner’s. This action was deemed fraudulent, lacking any order from a competent authority.
Inquiry Reports and Evidence of Fraud: Investigations by the Chief Revenue Officer and Principal Secretary, Revenue, confirmed the unauthorized and fraudulent entries made by Ram Naresh.
Legal Heir Substitution and Will Dispute: The Court criticized the Additional Commissioner’s refusal to recognize the petitioner as a legal heir based on a registered will, noting the lack of a requirement for a court decree in such substitution applications.
Application of Supreme Court’s Principles on Fraud: The High Court echoed the Supreme Court’s view that fraud vitiates all judicial and administrative acts. Any order obtained through fraud is treated as a nullity.
Decision: The Court set aside the orders dated 21.06.2011, 16.07.2011, and 25.07.2011 by the Additional Commissioner, and orders dated 31.10.1996 and 04.08.1997 by the Prescribed Authority. The land was restored to Kishore, the petitioner’s predecessor, and his successors. A cost of Rs. 50,000 was imposed on respondents 5 and 6.
Date of Decision: 22nd March 2024
Ganga Prasad vs. State of U.P. Through Secy. Finance and Revenue Deptt. Lko. And Others
