Virendra Singh vs Satveer Singh And Others on 26 February, 2020
There cannot be any
debate on the said issue but the proceedings which was adjudicated
by the co-ordinate Bench of this Court in the aforesaid judgement of
Jiwan Lal Sah's case (supra) rather was arising out of the
proceedings which was drawn before the Civil Court, where the
question was raised before the Civil Court, and there the Civil Court
has not referred the matter to be decided by the Assistant Collector
under Section 331A, that is why the Court has held that the
compliance of Section 331A by making a reference of an issue to be
answered by the Assistant Collector was mandatory for the Civil
Court in the light of the judgement of Chandrika Singh's case. This
will not apply because here the proceedings itself has been instituted
before the Court of Assistant Collector, who is the competent
authority under Schedule II of the Act.