writ petition arises out of proceedings under Section 198(4) of the UPZA & LR Act, 1950 and has been filed questioning the legality, propriety ... Ghaziabad whereby and whereunder exercising powers under Section 198(4) of the UPZA & LR Act, 1950 the allotment proceedings in respect of Khasra Plot
Zamidari Abolition and Land Reforms
Act, 1950 (in short "UPZA&LR Act"), has
been rejected on the ground that
petitioner ... that on the report of Tehsildar
Kichha, proceedings under Section 167
of UPZA&LR Act were initiated against
Poonam Kumari. Sections
State vs. Gurjent Singh) under Section 166/167 of UPZA & LR Act, 1950 whereby and whereunder the name of the petitioner recorded over plot ... filed against the proceedings under Section 157 A/167 UPZA & LR Act, 1950 on the question of maintainability.
Shri Siddharth Nandan, learned counsel
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (for short "UPZA & LR Act, 1950").
3. It is contended that the petitioner ... Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (for short "UPZA & LR Act, 1950") which was decreed by the Pargana Adhikar
basis of tehsil report, the proceedings under Section 198(4) UPZA and LR Act for cancellation of patta granted in favour of the petitioner ... cancellation of patta by the Collector, Kheri under Section 198 (4) UPZA and LR Act is without jurisdiction.
5. Vide order dated 13.08.1990, the Collector
229B
of the Uttar Pradesh Zamindari Abolition and Land Reforms Act,
1950 (“UPZA & LR Act”, hereafter); the said proceedings were,
2
Original Suit ... alia contended that the Suit was barred by
section 331 of the UPZA & LR Act and not maintainable before
a civil court since
been assigned the following jurisdiction:-
"Writ-C- Matters pertaining to UPZA&LR Act, U.P. Land Revenue Act and UP Revenue Code ... Ramnagar area of Varanasi comes under the Nagar Nigam/Nagar Palika and UPZA&LR Act is not applicable.
ii) There is declaration
question as an abadi land as required under Section 143 of UPZA & LR Act, 1950. He further submits that specific grounds were also taken ... question as an abadi land as required under Section 143 of UPZA & LR Act, 1950.
10. The issue in hand is no longer
Kumar (Supra) while considering the provisions of Section 3 (4) of the UPZA & LR Act as well as the provisions of Section ... pass the order in the proceedings under Section 166/167 of UPZA & LR Act. The relevant portion of the decision is being quoted hereunder
prohibitory injunction in the Revenue Court duly governed by the
provisions of UPZA and LR Act, instead of approaching the competent
civil court which alone ... grant ex parte
interim injunction to the plaintiff when Schedule II of UPZA and LR
Act specifies as to what suits can be filed under
