JADUNATH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Pavan Kumar, counsel for the petitioner and the Sri Abhishek Shukla, learned Addl. C.S.C. for the staterespondent.

(2.) The instant writ petition has been filed for mandamus, commanding/directing respondent No. 2 to decide the application dtd. 16/10/2017, filed by the petitioner in pursuance of the judgment and order dtd. 17/10/1995, passed by respondent No. 2 in Case No. 57/199495, under Sec. 229B of the U.P. Z.A. and L.R. Act, in respect to plot No. 624, area 0.484 hect., plot No. 727, area 0.572 hect. and plot No. 756, area 1.242 hect. (3 plots), situated in village Ahmadpur, Pargana and Tehsil Bhogaon, District Mainpuri, within the stipulated period.

(3.) Brief facts of the case are that petitioner filed a Suit No. 57/199495, under Sec. 229B of the U.P. Z.A. and L.R. Act, impleading the State and the Gaon Sabha as defendants in respect to the aforesaid three plots which were recorded as banjar in the revenue records. The aforementioned suit was decreed in favour of the petitioner by judgment and order dtd. 17/10/1995. Against the judgment and order dtd. 17/10/1995, one stranger Balbir Singh, who has no locus, filed a revision before the Commissioner, which was dismissed on 18/5/2016. Petitioner filed an application in the year 2016 for recording his name, after dismissal of revision vide order dtd. 18/5/2016, on the basis of the judgment dtd. 17/10/1995 but the authorities were sitting tight over the matter, hence this petition.