SURENDRA PRASAD RAI Vs. ADDL COMMISSIONER

JUDGEMENT

(1.) Heard Sri Shamimul Hasnain, learned counsel for the petitioner, Sri R.N.Singh, learned Senior Counsel assisted by Sri P.K.Rai, learned counsel appearing for the respondent no. 3, learned Standing Counsel and learned counsel for the Gaon Sabha.

(2.) Through this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the orders dated 4.4.2012 passed by Sub-Divisional Magistrate Chakia, District Chandauli (the respondent no. 2) and judgment and order dated 30.1.2013 passed by Additional Commissioner (Administration) Varanasi Division Varanasi (the respondent no.1).

(3.) Vide order dated 4.4.2012, the petitioner's application to decide the Issue Nos. 6 and 7 as a preliminary has been rejected on the ground that under the facts and circumstances of the case it be decided along with remaining issues. Whereas vide order dated 30.1.2013, the petitioner's Revision No. 14 of 2012 filed against the order dated 4.4.2012 has been dismissed. Out of these two issues one issue was relating to the under valuation of the suit and payment insufficient court fee and another was with regard to bar of jurisdiction of civil court under Section 49 of U.P. Consolidation of Holdings Act, 1953.