SHAILENDRA PRATAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Kripa Shanker Singh learned counsel for the petitioner. The petitioner filed a suit under Section 229B of the U. P. Z. A. and L. R. Act, 1950, claiming tenancy rights over the land in dispute which during consolidation operations was indicated in survey Form No. 2A as 'khalihan'. It was accordingly kept outside consolidation operations.

(2.) The suit has been filed after closure of consolidation operations and de-notification of the village under Section 52. The same has been dismissed on the ground of a bar operating under Section 49 of the U. P. Consolidation of Holdings Act, 1953.

(3.) Learned counsel contends that since the nature of the land in dispute was such that it could not be a subject-matter of adjudication by the consolidation authorities and even otherwise was placed outside consolidation operations, therefore, the suit under Section 229B was not barred.