Jogender And Another vs Umar Farook And 16 Others
2015 Latest Caselaw 3713 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 53940 of 2015
 

 
Petitioner :- Jogender And Another
 
Respondent :- Umar Farook And 16 Others
 
Counsel for Petitioner :- Rakesh Pande
 

 
Hon'ble Abhinava Upadhya,J.

A supplementary affidavit has been filed by learned counsel for the petitioners today. Let the same be taken on record.

By means of this writ petition, the petitioners have come to this Court challenging the order stated to have been passed in proceedings under Section 33/39 of the Land Revenue Act on 22.02.2012 by the Sub-Divisional Magistrate. Against which a revision was filed by the petitioner, which has been dismissed on 27.08.2015.

It is claimed that the predecessor-in-interest of the petitioners were Bhumidhars of the land, a sale deed was executed by the son of one Diwan Singh in favour of Balwant Singh in the year 1961 and subsequently Balwant Singh executed a sale deed in favour of the petitioners in the year 2006. The respondents had filed a suit for declaration under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act, which is said to have been dismissed as withdrawn with liberty to file a fresh suit on 03.05.2007. It is submitted that the said suit for declaration in respect of same land for which the sale deed was executed in favour of the petitioners. Aggrieved by the order dismissing the suit as withdrawn with liberty to file a fresh suit, the petitioners had filed a revision and in revision, the order of dismissal of the suit was stayed vide an order dated 08.05.2007. It is further submitted that even prior to this, the respondents had filed a suit for injunction being Suit No. 148 of 1998, the said suit was also dismissed for non prosecution on 22.11.2004.

Sri Rakesh Pande, learned counsel appearing for the petitioners submits that the respondents having failed on all counts have no right or title over the property in question and have now moved an application under Section 33/39 of the Land Revenue Act and the authorities without considering the earlier order passed in the earlier suit, have allowed the application by ignoring the claim of the petitioners.

Matter requires consideration.

Issue notice to the respondents, for which steps shall be taken within a week.

The respondents may file counter affidavit within one month.

List this case after expiry of the aforesaid period.

Till the next date of listing, the parties to the suit shall maintain status-quo with regard to the possession over the property in question and no third party right shall be created.

Order Date :- 2.11.2015

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