Allahabad High Court
Smt. Kewala Devi vs Additional District Judge Basti And ... on 3 February, 2010
Author: Krishna Murari
Bench: Krishna Murari
Court No. - 4 Case :- WRIT - C No. - 4814 of 2010 Petitioner :- Smt. Kewala Devi Respondent :- Additional District Judge Basti And Others Petitioner Counsel :- S.N. Tripathi,Hari Pratap Singh Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
It is contended by learned counsel for the petitioner that application for temporary injunction filed by the plaintiffpetitioner has been rejected by both the courts below without considering the fact that she was declared 'Bhumidhar' with nontransferable rights under Section 122B(4f) of the U.P. Zamindari Abolition & Land Reforms Act and her name was recorded in the revenue record which was directed to be expunged, against which revision was filed wherein effect and operation of the order passed by the trial court has been stayed and parties were directed to maintain statusquo. It is further contended that the finding that the petitioner is not in possession while rejecting the application, is without considering the evidence brought on record.
Primafacie there appears to be force in the submission and the matter needs scrutiny.
Issue notice to the respondents, who may file counter affidavit. Steps be taken by registered post within two weeks. Office shall issue notices returnable at an early date. List on the date fixed by the office in the notice. Until further orders of this Court, parties to the writ petition are directed to maintain statusquo with respect to nature and possession over the land in dispute as it exists today.
Order Date :- 3.2.2010 nd