MOHD. RAIS Vs. STATE OF U P

JUDGEMENT

(1.) REJOINDER affidavit filed by learned counsel for the petitioner is taken on record. By this writ petition the petitioner is challenging the order dated 16.9.2000 passed by the Sub Divisional Officer, Manjhanpur, District Kaushambi by which the Restoration Application filed by the respondent no.4, the Gaon Sabha, Babura Kaushambi was entertained and the stay order was passed and the operation of the decree dated 11.8.1995 was stayed. By the impugned order dated 3.10.2000 revision filed by the petitioner against the order dated 16.9.2000 has also been rejected.

(2.) THE facts of the case, in brief, are that the petitioner is stated to be the owner in possession over the plot nos.207,393,22/5 and 305 situated in village Manjhanpur, Tehsil Manjhanpur, District Kaushambi on the basis of the lease executed by the then Zamindar. The proceedings for consolidation under Section 4 of the U.P. Consolidation of Holdings Act were initiated in the said village. The petitioner filed an objection under Section 9A (2) for the declaration of the Bhumidhari rights over the disputed plots before the Consolidation Officer, Manjhanpur. The Gaon Sabha appeared in the proceedings for contesting the objections. The objection of the petitioner was allowed and he was declared Bhumidhar of the disputed plots by the jugdment and order dated 5.4.1982. It is also stated that the order dated 5.4.1982 became final between the parties inasmuch as the same was never challenged by the Gaon Sabha or by the State Government. However, due to fault of the officials the order dated 5.4.1982 could not be incorporated in the revenue records and, therefore, when the village was notified under Section 52 of the U.P. Consolidation of Holdings Act. The plots in question continued to be shown in the ownership of the Gaon Sabha, respondent no.4. In the consolidation proceedings the plots in question were renumbered as plot nos. 318/348/159 and 403.

(3.) HOWEVER , subsequently it is alleged that respondents were trying to oust the petitioner from the plots in question. Therefore, the petitioner filed a Writ Petition no.32750 of 2000, Mohd. Rais vs. State of U.P. and others in which counter affidavit was called and the writ petition is stated to be still pending. However, the Gaon Sabha moved an application on 14.9.2000 under Order 9 Rule 13 C.P.C. for setting aside the decree dated 11.8.1995 along with a stay application. This application was allowed by the respondent no.3, Sub Divisional Officer, Manjhanpur, District Kaushambi by the impugned order dated 16.9.2000 without issuing notice to the petitioner and an injunction was also granted. When the petitioner came to know about the said order he preferred a revision before the Additional Commissioner, Allahabad Division, Allahabad, which was dismissed by the impugned order dated 3.10.2000. Hence the present writ petition.