MAHAVEER SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Sri Punya Sheel Pandey, learned counsel for the petitioner, Sri Anand Bhaskar Srivastava, learned Standing Counsel for the State-respondents and Sri Avinash Chandra Srivastava, learned counsel for the respondent-Gram Sabha.

(2.) The present writ petition under Article 226 of the Constitution of India has been filed assailing the order dtd. 12/12/2002 passed by the respondent no.3 -Sub Divisional Magistrate, Etmadpur, District Agra in Case No. 20 of 1995-96 (Munshi Lal vs. Bhagwan Singh and others), a suit for division of holding under Sec. 176 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "the Act, 1950"), and the subsequent revisional order dtd. 28/4/2005 passed by the respondent no.2 -Additional Commissioner (Judicial), Agra in Revision No. RST/34/2001-2002 (Mahaveer Singh vs. Rampal Lal and others).

(3.) The facts, as borne out from the record, indicate that a suit under Sec. 176 of the Act, 1950 was instituted, in which the court of the Sub Divisional Magistrate, Etmadpur, passed a preliminary decree determining the shares of the parties by order dtd. 29/2/1996. The determination of shares at that stage was made with the consent of the parties and the petitioner's consent stood reflected in his written statement and in the order of the court. Pursuant to the preliminary decree, the Lekhpal submitted a kurra report on 28/6/1996 in furtherance of the process of partition by metes and bounds.