MITHAI LAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri R.N.Singh, learned senior counsel assisted by Sri A.K. Rai and Sri V.K.Singh, learned counsel for appellant and learned standing counsel for State of U.P. and its authorities respondents no. 1 to 4 and learned standing counsel for respondent nos. 5 and 6 Nagar Maha Palika (N.M.P.) Varanasi and Varanasi Development Authority (V.D.A.) Varanasi.

(2.) The only point which has been argued is that Civil Court has got jurisdiction to entertain suit in respect of acquisition under U.P. Nagar Mahapalika Adhiniyam (now U.P. Municipal Corporation Act) even though civil court has got no jurisdiction to entertain a suit challenging land acquisition under Land Acquisition Act. Learned counsel for the respondents 1 to 6 have argued that land acquisition either under land Acquisition Act or U.P. Nagar Mahapalika Adhiniyam (U.P.M.C. Act) can not be challenged in a suit before Civil Court.

(3.) This Second appeal arises out of O.S. no.176 of 1977 which was filed by the appellants against the respondents connected with original suit no.274 of 1977 filed by Kedarnath and 9 others. The suit was filed after 15 years as acquisition had taken place in 1967. Some of the appellants (plaintiffs of O.S. no.176 of 1977) had also filed writ petition in this Court challenging the Acquisition which was dismissed in default.