BASANT Vs. ADDITIONAL COMMISSIONER AZAMGARH REGION AZAMGARH

JUDGEMENT

(1.) THIS petition has its origin in the impugned order dated 5.4.2002, passed by Deputy Collector, Belthara Road, Ballia, on, restoration application thereby staying execution of the decree dated 9.11.2001 passed in suit instituted under Section 229B of the U.P.Z.A. and L.R. Act.

(2.) THE dispute in the instant petition revolves round plot No. 108 admeasuring .057 situated in village Chaukia Pargana Slkanderpur Garvi Tehsil Belthara Road, District Ballia. The dispute erupted in Institution of a suit under Section 229B of the U.P. Z.A. and L.R. Act, 1950 for the relief of declaration of bhumidhari rights of the plaintiff -petitioner. Subsequently, the parties reproached the dispute and entered into a compromise on 8.11.2001 as a consequence of which, the suit aforestated culminated into a compromise decree vide order, dated 9.11.2001. In view of subsequent developments not discernible from the facts on record a restoration application under Order IX Rule 13 read with Section 151, C.P.C. came to be filed by defendants Kanhiyalal and Om Prakash which is stated to be still pending. On an application for stay by order, dated 5.4.2002, the Sub -Divisional Officer, Belthara Road, District Ballia stayed execution of compromise decree -dated 9.11.2001 confining it till the disposal of restoration application. The revision preferred impugning the said order of stay having been dismissed, the present petition under Article 226 of the Constitution has come to be filed.

(3.) CONSIDERING the submissions and nature of the point at issue, I would first notice Section 341 of the U.P. Z.A. and L.R. Act and Section 141, C.P.C. being germane to the controversy involved in this petition. Section 341 of the U.P.Z.A. and L.R. Act is abstracted below : '341. Application of certain Acts to the proceeding of this Act, - -Unless otherwise expressly provided by or under this Act, the provisions of the Indian Court Fees Act, 1870 (VII of 1870), the Code of Civil Procedure, 1908 (V of 1908), and the Limitation Act, 1963 (XXXVI of 1963), (including Section 5 thereof) shall apply to the proceedings under this Act.' Section 141 of the Code of Civil Procedure is also excerpted below. '141. Miscellaneous proceedings. - - The procedure provided in this Code in regard to suit shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction. Explanation. - -In this section, the expression 'proceedings' includes proceedings under Order IX, but does not include any proceeding under Article 226 of the Constitution.'