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4. The trial court in all the suits has proceeded to dismiss the suits by recording a finding that the relief sought in the present suits cannot be entertained and the plaintiffs have an efficacious remedy under the provisions of the Act. The trial court while doing so, placed reliance on the judgment of a Coordinate Bench of this Court in RSA No.2570/2005 and connected appeals and proceeded to dismiss the suits. At this juncture, learned counsel for the respondents has brought to the notice of this court that, while placing reliance on the judgment of a Coordinate Bench of this Court, the trial court has independently assessed the oral and documentary evidence and on appreciation of the same has come to the conclusion that the plaintiffs have failed to establish their right, title and possession.

5. Be that as it may, the Coordinate Bench of this court in RSA No.2570/2005 along with connected appeals, which relates to identical issues under the very same housing scheme and also the properties involved are one and the same, has held that disputed question in regard to conflicting allotment by the authority cannot be adjudicated before the civil court. The Coordinate Bench of this court was of the view that, where there are disputed claims, an independent mechanism is provided under Section 217 of the Act.

6. Perused the judgment rendered by the Coordinate Bench of this Court in RSA No.2570/2005 and connected appeals, which relates to the sites situated in the same survey number. The present appellants who are the plaintiffs are questioning the allotment of sites in favour of the respondents/defendants on the premise that Pradhan of Mandal Panchayat has no jurisdiction to make allotment. The question as to whether the allotments are in accordance with law cannot be adjudicated before the civil court. This issue is no more res integra, the Coordinate Bench of this Court has relegated the aggrieved parties to workout their remedy before the competent authority in terms of Section 217 of the Act.

        In    view    of    dismissal          of     the   appeals,

Misc.Cvl.No.111666/2010             in     RSA        No.6128/2010,

Misc.Cvl.No.111665/2010        in        RSA   No.6127/2010     and

Misc.Cvl.No.111724/2010 in RSA No.6138/2010 do not survive for consideration and the same are dismissed.
Sd/-
JUDGE MBS/-