SHEELA Vs. VIJAY PAL SINGH

JUDGEMENT

(1.) HEARD Mr. Neeraj Garg, the learned counsel for the petitioner, Mr. Sharad Sharma, the learned senior counsel assisted by Mr. Lalit Tiwari, the learned counsel for the private respondents and Mr. Sudhir Kumar, the learned brief holder for the State.

(2.) THE petitioner filed a civil suit on 05.11.2009 against the defendant nos.1, 2 & 3 for cancellation of the sale deed. An application under Order 39 Rule 1 & 2 of the Code of Civil Procedure was also filed praying for the grant of temporary injunction. It is alleged that no injunction was granted. Subsequently, the petitioner filed a suit for declaration under Section 229-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the UPZA & LR Act) and an application under Section 229-D of the U.P. was filed for grant of a temporary injunction. THE Assistant Collector, by an order dated 16.11.209, restrained the defendant from raising any construction on the land in question. Against this order, the defendants preferred a revision No.401 of 2010, which was allowed exparte by an order dated 03.03.2010 and the order dated 16.11.2009 was set aside. THE revisional court directed the trial court to redecide the application under Section 229-D of the UPZA & LR Act after hearing both the parties. Against this order dated 03.03.2010, the petitioner preferred writ petition No.309 of 2010 (MS), which was allowed by an order dated 31st May, 2010. THE writ court held that the order dated 03.03.2010 passed by the revisional court could not be sustained since it was an exparte order and that no opportunity of hearing was given to the petitioner before passing the said order. THE writ court, consequently, quashed the order dated 03.03.2010 and directed the revisional court to redecide the revision afresh, after providing an opportunity of hearing to the petitioner. Pursuant to the said order of the writ court dated 31st May, 2010, the defendants filed an application dated 22.09.2010 bringing on record the order of the writ court and also prayed that a fresh order be passed staying the order of the Assistant Collector passed under Section 229-D of the UPZA & LR Act. THE revisional court issued notice to the petitioner fixing 06th December, 2010 and also stayed the order of the trial court dated 16.11.2009 passed under Section 229-D of the UPZA & LR Act. THE petitioner, being aggrieved, has filed the present writ petition.