Smt. Lallo Devi @ Chandrawati And 2 ... vs Board Of Revenue, Lucknow And 7 ...
2016 Latest Caselaw 6433 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - B No. - 48385 of 2016
 

 
Petitioner :- Smt. Lallo Devi @ Chandrawati And 2 Others
 
Respondent :- Board Of Revenue, Lucknow And 7 Others
 
Counsel for Petitioner :- Ramji Singh Patel,Vijay Kumar Rai
 
Counsel for Respondent :- C.S.C.,Vivek Verma
 

 
Hon'ble Ram Surat Ram (Maurya),J.

The writ petition has been filed against the orders of revenue courts passed  in the proceeding under Section 34 of U.P. Land Revenue Act, 1901.

In view of Section 40-A of U.P. Land Revenue Act, 1901 the petitioners have an alternative remedy of suit. However, for filing a suit statutory notice under Section 80 C.P.C. and under Section 106 of U.P. Panchayati Raj Act,1947 are required to be given as such the writ petition is disposed of with liberty to the petitioners to challenge the impugned orders in the suit and establish their title. The findings recorded by the courts below will not be relied upon at the time of deciding the regular suit.

For a period of three months no third party interest shall be created over the land in dispute.

Order Date :- 5.10.2016

Rahul /-