NAGAR PANCHAYAT SULTANPUR Vs. ANIL KUMAR GUPTA

JUDGEMENT

(1.) Mr. Kartikey Hari Gupta, Advocate for the revisionist.

(2.) Mr. Sarvesh Aggarwal, Advocate for the respondent.

(3.) The present revision has been filed by the revisionist against the order dated 14.01.2016 passed by learned Civil Judge (Senior Division), Kashipur, District Udham Singh Nagar in Civil Suit No.33 of 2012. In the said suit, learned Magistrate has framed preliminary issues which have been decided in favour of the plaintiff/respondent. The preliminary issue before the court below was that the objection raised by the defendant/revisionist was regarding the maintainability of the suit itself as the defence is that suit is for injunction against the order passed by Nagar Panchayat whereby certain amount has been recovered from the plaintiff/respondent as an arrear of land revenue and the objection of the Nagar Panchayat/defendant was that in view of Section 330(c) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, the matter being of arrears recoverable as a land revenue is cognizable by a revenue court not by a civil court. In principal, the issue was whether the civil court has jurisdiction or not in the matter.