SHIV SAGAR Vs. ADDITIONAL COMMISSIONER (JUDICIAL)

JUDGEMENT

(1.) NOTICE on behalf of opposite parties No. 1 and 14 has been accepted by the learned Chief Standing Counsel. Shri. R.N. Gupta has put in appearance on behalf of opposite party No. 13. Issue notice to opposite parties No. 2 to 12 returnable at an early date.

(2.) LEARNED Counsel for the Petitioners may file steps for notice upon private opposite parties within a week.

(3.) SUBMISSION of learned Counsel for the Petitioners is that the Petitioners instituted a suit under Section 229 B of the U.P. Zamindari Abolition & Land Reforms Act (hereinafter referred to as 'Act') for declaration that the entry in the name of opposite parties No. 2 and 3 over the land in dispute is forged and fictitious and the Petitioners are Bhumidhar of land in dispute. The said dispute ultimately came to this Court by means of writ petition No. 6403 (M/S) of 2009 ' Shiv Sagar and Ors. v. Board of Revenue, Allahabad and others'. Initially an interim order was granted restraining the opposite parties No. 2 and 3 from raising construction over the land in dispute. Finally on 24.2.2010 the writ petition was allowed and the order dated 4.11.2009 of the Board of Revenue was quashed and the order of Sub Division Officer dated 28.1.2009 was restored and the matter was remanded back to decide the same expeditiously within a period of six months. The original suit of the Petitioners was rejected on account of defective pleading and was permitted to file a fresh suit by means of order dated 20.5.2011.