Gaon Sabha Jairampur vs Board Of Revenue Uttar Pradesh And 7 ...
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Allahabad High Court

Gaon Sabha Jairampur vs Board Of Revenue Uttar Pradesh And 7 ... on 1 February, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:16741
 
Court No. - 49
 

 
Case :- WRIT - B No. - 3485 of 2023
 

 
Petitioner :- Gaon Sabha Jairampur
 
Respondent :- Board Of Revenue Uttar Pradesh And 7 Others
 
Counsel for Petitioner :- Pradeep Singh
 
Counsel for Respondent :- C.S.C.,Indra Deo Mishra
 

 
Hon'ble Chandra Kumar Rai,J.
 

1. Heard Sri Pradeep Singh, learned counsel for the petitioner-gaon sabha, Sri Indra Deo Mishra, learned counsel for respondent no.3 and Sri Ravi Singh Parihar, learned counsel for the state-respondents.

2. Learned counsel for the petitioner is permitted to make necessary correction regarding the case number in the prayer clause of the writ petition.

3. Learned counsel for the petitioner is not pressing prayer no."A" in the writ petition rather is pressing prayer nos. "B & C" in the prayer clause of the writ petition.

4. Counsel for the petitioner submitted that suit under Section 229-B of the U.P. Z.A. & L.R. Act, filed by the contesting respondent, has been decreed in arbitrary manner, without framing issues in the suit. He further submitted that the petitioner-gaon sabha initially filed restoration application against the judgment and decree passed by the trial court under Section 229-B of the U.P. Z.A. & L.R. Act which was dismissed. He further submitted that the petitioner-gaon sabha against the order of rejection of the restoration application, filed an appeal under Section 331(3) of the U.P. Z.A. & L.R. Act which is pending before respondent no.2/Commissioner as Appeal No.282/2023. He also submitted that the application for interim relief has also been filed along with the appeal. He submitted that in view of the earlier entry of the plot in dispute, the petitioner-gaon sabha is entitled for interim protection in the pending appeal under Section 331(3) of the U.P. Z.A. & L.R. Act.

4. On the other hand, learned counsel for respondent no.3 submitted that there is delay in filing the appeal before the appellate court but the appeal does not accompany any application under Section 5 of the Limitation Act. He further submitted that the suit under Section 229-B of the U.P. Z.A. & L.R. Act filed by the contesting respondent has been decreed in accordance with law in the year 2021. He also submitted that in the pending appeal, arguments of the parties stand concluded and the matter is fixed for delivery of judgment, as such, no interference is required in the matter.

5. I have considered the arguments advanced by learned counsel for the parties and perused the records.

6. There is no dispute about the fact that suit under Section 229-B of the U.P. Z.A. & L.R. Act was decreed by the trial court and the appeal filed by the petitioner-gaon sabha under Section 331(3) of the U.P. Z.A. & L.R. Act is pending before respondent no.2/Commissioner.

7. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.2/Commissioner, Vindhyachal Division, Mirzapur to decide the aforesaid Appeal No.282/2023, as expeditiously as possible, preferably within a period of 6 weeks, from the date of production of a certified copy of this order before the authority concerned, after affording proper opportunity of hearing to the parties concerned, in accordance with law.

Order Date :- 1.2.2024

C.Prakash