SHIBU THAPA Vs. RAJENDRA SINGH & OTHERS

JUDGEMENT

(1.) The petitioner/plaintiff has filed a suit being Revenue Suit No. 22/01 of 2014 before the court of Assistant Collector 1st Class, Nainital. In the said suit the petitioner filed an application under Section 229-D of the Uttar Pradesh Zamindari Abolition and Land Reforms Act (from hereinafter referred to as "Act") for temporary injunction in the said matter, in which a temporary injunction was granted and the defendant have been restrained from raising construction on the property in question, to which the petitioner had objections. Aggrieved by the said order, the respondents/defendants moved an appeal, before the learned Commissioner, Nainital. The Commissioner stayed the order dated 06.12.2014 passed by the learned Assistant Collector vide order dated 22.12.2014. Against this order the petitioner has filed the present writ petition before this Court.

(2.) In the present matter, notices were issued to the respondents and Mr. Sudhir Kumar Advocate is representing the defendants. Counter affidavit and rejoinder affidavit have been exchanged. Heard Mr. Siddartha Sah, learned counsel for the petitioner, Mr. Sudhir Kumar, learned counsel for the respondents and perused the record.

(3.) The principle contention of the petitioner in this case is that under Section 331 of Act, there is no provision for appeal against the order passed under Section 229-D of Act. Another contention of the petitioner is that the order in any case is passed without application of mind or without assigning any reason, as to why the appellate court has disagreed with the interim injunction of the trial court.