SARDAR SARAN SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) HEARD Sri K Ajit, learned Counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri Abhishek Srivastava holding brief of Sri A.K. Srivastava, learned Counsel for the Gaon Sabha. This writ petition has been filed for issuing a writ of certiorari quashing the order dated 18.11.2013 passed by the Sub Divisional Officer, Bilaspur, Rampur in Case No. 22 of 2013 -14 (Shahab Ali Khan v. Sardar Saran Singh and others) filed under section 229 -B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (in short the Act, 1950) and the order dated 2.1.2014 passed by the Board of Revenue, Allahabad in Revision No. 20 of 2013 -14 (Sardar Saran Singh v. State of U.P. and others).

(2.) VIDE order dated 18.11.2013 the Sub Divisional Officer has registered the suit and directed the petitioner and other defendants in the suit to file written statement after rejecting the objection filed by the petitioner regarding maintainability of the suit. Whereas by the subsequent order dated 2.1.2014 the Revision filed by the petitioner against the order dated 18.11.2013 has also been dismissed by the learned Member, Board of Revenue, Allahabad.

(3.) THE contesting respondents (plaintiffs) have filed their reply to the objection stating therein that the respondents are recorded tenure holders on the basis of the order passed under section 34 of the U.P. Land Revenue Act, 1901 (in short Act, 1901) and filed suit seeking their right on the basis of succession. It has also been stated that the petitioner has no right over the land in dispute. After hearing both the parties and considering the materials available on record the Sub Divisional Officer has registered the suit and directed the petitioner and other defendants to file their written statements. While doing so it has been observed by the Sub Divisional Officer that the suit has been filed on the valid grounds and after filing of the written statement issues will be framed and thereafter each and every issue shall be considered and decided after hearing both the sides.