SHIV KUMAR Vs. IST ADDITIONAL DISTRICT JUDGE, MU

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel and also perused the record.

(2.) By means of this petition filed under Art. 226 of the Constitution of India the petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 23.8.1985 passed by the respondent No. 1 in Civil Revision No. 129 of 1982. ;

(3.) The relevant facts of the case giving rise to the present petition, in brief, are that the petitioner filed Original Suit No. 30 of 1979 for declaration that the order dated 20.5.1976 passed by the Prescribed Authority in Ceiling Case No. 98 of 1975, State Vs. Beeru Singh, was null and void. Prayers for possession and payment of damages were also made. The suit was contested by the defendants who filed their written statement pleading that the Civil Court had no jurisdiction to entertain and decide the suit and that the suit as framed and filed by the plaintiff petitioner was legally not maintainable, besides other pleas. The Trial Court on the pleadings of the parties, framed preliminary issues No. 1 and 2 on the question of jurisdiction and maintainability of the suit. The Trial Court after hearing the parties, returned the findings on the aforesaid issues in favour of the plaintiff petitioner, by its order dated 18.9.1982. Challenging the validity of the said order, the State of U.P. filed Civil Revision No. 129 of 1982. The revisional court allowed the revision and remanded the case to the Trial Court for decision afresh in the light of the observations made by the Court below in its judgment, hence the present petition.