Allahabad High Court
Chhabinath vs State Of U.P. And 3 Others on 19 August, 2019
Author: Anjani Kumar Mishra
Bench: Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- WRIT - C No. - 27106 of 2019 Petitioner :- Chhabinath Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Navin Kumar Counsel for Respondent :- C.S.C.,Ram Babu Yadav Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Ram Babu Yadav for the Gaon Sabha as also learned Standing Counsel for the State-respondents.
The writ petition has been filed seeking the following relief -
"i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 i.e. Upziladhikari Bhatohi, District Sant Ravidas Nagar (Bhadohi) to decide the recall application in suit No.RST/03983 of 2018 (Computerized No.T201816670503983) (Shanti Devi Vs. State) expeditiously as possible as within short stipulated period which is pending before Upziladhikari Bhadohi, District Sant Ravidas Nagar (Bhadohi)."
From perusal of the record and from the submissions made, it transpires that the respondent no.4 filed a suit under Section 122B (4F) of the U.P. Zamindari Abolition and Land Reforms Act as is clear from a bare perusal of the Annexure 1 to this writ petition.
This suit is stated to have been decided in favour of the said respondent and an application for recall of the order, filed by the petitioner, is pending consideration since the year 2018.
Prima facie, a suit under section 122B (4F) of the U.P. Zamindari Abolition and Land Reforms Act is not maintainable as there is no provision in the Schedule appended to the Act for filing such a suit.
Even otherwise, it is the settled legal position that the benefit under Section 122B (4F) of the Act a defence to be raised on institution of the proceedings under Section 122B against an unauthorized occupant of the property belonging to the Gaon Sabha.
However, since an application has already been filed for recall of the order passed on a suit/ application under Section 122B (4F) without any proceedings under Section 122B having been instituted against the respondent no.4, this writ petition is disposed of directing the respondent no.2 to dispose of the recall application positively within a period of four weeks from the date a certified coy of this order is filed before him, keeping in mind the observations made in the earlier part of this order.
Order Date :- 19.8.2019 RKM