Allahabad High Court
Rajendra Singh vs Additional Commissioner ... on 19 June, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 21 Case :- MISC. SINGLE No. - 3295 of 2014 Petitioner :- Rajendra Singh Respondent :- Additional Commissioner (Judicial)Lucknow Division Lko.&Ors. Counsel for Petitioner :- Dinesh Kumar Mishra,Ratna Gupta Counsel for Respondent :- C.S.C. Hon'ble Akhtar Husain Khan,J.
Learned standing counsel appeared and accepted notices for opposite parties no. 1, 2 and 3.
Opposite party no.4 is a private party and he has not turned out.
Issue notice to him.
Counter affidavit may be filed within four weeks.
Rejoinder affidavit may be filed within two weeks thereafter.
List after six weeks.
Heard learned counsel for the petitioner as well as learned standing counsel for opposite parties no.1, 2 and 3 on application for interim relief.
It is alleged by learned counsel for the petitioner that the impugned order dated 27.5.2014 passed by Up Zila Adhikari/Assistant Collector Ist Class, Biswan, District Sitapur, opposite party no.2 is an interim order passed in Suit No.316/52/132/207 under Section 229B/209 of U.P.Z.A. & L.R. Act, Gram Itauri, Pargana Kondari Uttari, Tehsil Biswan, District Sitapur (Rajendra Singh Vs. Chamkaur Singh) filed by the petitioner for declaration of bhoomdhari rights under section 229B of U.P.Z.A. & L.R. Act.
The impugned order dated 27.5.2014 passed by Up Zila Adhikari is an interim order and impugned order dated 6.6.2014 passed by Additional Commissioner (Judicial), Lucknow Division, Lucknow, opposite party no.1 has been passed in Revision No.2014/0000617 under section 333 of U.P. Z.A. & L.R. Act (Rajendra Singh Vs. Chamkaur Singh and others) filed against the said order dated 27.5.2014 passed by Up Zila Adhikari. Thus it is apparent that no final order has yet been passed regarding suit filed by the petitioner under section 229B of U.P.Z.A. & L.R. Act. Section 331(4) of U.P.Z.A. & L.R. Act provides provision for second appeal against final order or decree passed in appeal.
In view of above, writ petition may be entertained.
Heard learned counsel for the petitioner as well as learned standing counsel for opposite parties no.1, 2 and 3 on application for interim relief.
A copy of the order dated 26.5.2014 passed by Up Zila Adhikari has been filed by the petitioner alongwith writ petition as paper no.22.
Paper no.22 shows that Up Zila Adhikari has directed parties to maintain status-quo by the said order dated 26.5.2014 but later on he passed impugned order dated 27.5.2014 that till recovery of loan the creditors shall be deprived of the land. It is contended by learned counsel for the petitioner that alleged loan has been taken by opposite party no.4 Chamkaur Singh, who has no right on the land in suit under section 229B of U.P.Z.A. & L.R. Act.
In view of above, I am of the view that parties should maintain status-quo till the date of listing. Hence the parties are directed accordingly.
Order Date :- 19.6.2014 R.U.