NAGAR PANCHAYAT SULTANPUR Vs. MOHAMOOD

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has prayed for a writ or direction in the nature of certiorari quashing the impugned order dated 25.11.2009 passed by IInd Additional Civil Judge (S.D.), Kashipur, District Udham Singh Nagar in O.S. No. 264 of 2006, Mahmood & another Vs Nagar Panchayat, Sultanpur and rejected the application of the petitioner (Paper No. 119C) for issuing Survey Commission.

(2.) BRIEF facts of the case, giving rise to the petition, are that plaintiff/respondents filed a original suit No. 264 of 2006 before the Civil Judge (J.D.), Kashipur, District Udham Singh Nagar for permanent injunction. The said suit was filed with the pleadings that plaintiff is in possession of land recorded in Khassra (plot) No. 803/7 measuring 0.098 hectare situated in Village Sultanpur. It was also asserted that the said land was recorded in the name of the father of the plaintiff. The petitioner filed written statement denying the pleadings of the plaint stating therein that Khasra (plot) No. 803 is a big pond and is property of petitioner defendant. It has further alleged that Khasara (plot) No. 803/07 relied by the plaintiff is neither separate from Khasra (plot) No. 803, owned by the petitioner nor it has any identify or map. The petitioner/defendant filed an application for issuance of a survey commission for the measurement and demarcation of Khasara (plot) No. 803, which was dismissed by IInd Additional Civil Judge (J.D.), Kashipur, District Udham Singh Nagar vide order dated 25.11.2009. Aggrieved by the said order, the petitioner preferred this petition before this Court.

(3.) IN spite of service, neither the respondent nor any counsel on his behalf appeared before the Court. Accordingly, heard learned counsel for the petitioner and perused the record.