LAWS(ALL)-2014-2-75

STATE OF U P Vs. SHIV KUMAR

Decided On February 18, 2014
STATE OF U P Appellant
V/S
SHIV KUMAR Respondents

JUDGEMENT

(1.) This special appeal has been filed by the State, the Additional Commissioner (Administration), Devi Patan Mandal, Gonda and the Sub-Divisional Officer/Assistant Collector, Tehsil Sadar, District Gonda, aggrieved by the following observations contained in the order of the learned Single Judge dated 21 November 2013:

(2.) The rest of the order which concerns the dispute between the private respondents has not been challenged in the special appeal.

(3.) The brief facts of the case are that the dispute between respondents 1 to 3 and respondents 5 to 8 relates to agricultural land bearing Gata No.802, ad-measuring 0.69 hectare and Gata No.132/2, ad-measuring 0.43 hectare situated in village Vishunpur Mafi, Pargana and Tehsil Sadar, District Gonda. Initially, there was a dispute in respect of the mutation between the private respondents. The Additional Commissioner (Administration), Devi Patan Mandal, Gonda passed an order on 25 January 2008 in favour of respondents 5 to 8. Respondents 1 to 3 filed a revision before the Board of Revenue, which was dismissed on 13 October 2011. Thereafter a writ petition was filed by respondents 1 to 3 (Writ Petition No.144 (M/S) of 2012) in which an interim order was passed on 12 February 2012. In the meantime, respondents 1 to 3 filed a Suit based on title under Section 229-B of the U.P.Z.A. & L.R. Act, 1950 on 15 March 2012. In view thereof, the writ petition was dismissed as infructuous on 3 July 2012. Respondents 1 to 3 filed an application for temporary injunction under Section 229-D of the U.P.Z.A. & L.R. Act in the suit. The Sub-Divisional Officer/Deputy Collector, Tehsil Sadar, District Gonda passed an order of status quo on 11 May 2012. The order of status quo was not extended and the application for temporary injunction was rejected on 23 August 2013. A revision against the aforesaid order was dismissed as not maintainable, following which a writ petition was filed before the learned Single Judge in which the impugned order has been passed.