BHAGWANA SINGH Vs. GAON SABHA VILLAGE PAIJANIYA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This petition challenges the order of trial court as well as the appellate court whereby the plaintiffs' application for temporary injunction under Order XXXIX, Rules 1 and 2, C.P.C. has been rejected.

(3.) Learned counsel contends that the land in question was subject of an allotment by Gaon Sabha about which certain lease amount was paid by the petitioners and they continue in possession. The proceedings started against the petitioners under Section 122B of U.P. Z.A. and L.R. Act (hereinafter referred to as the 'Act') were misconceived and beyond ''jurisdiction as the land in question is 'abadi' land and the jurisdiction of Asstt. Collector under Section 122B of the Act, does not extend over such abadi land. Learned counsel in the aforesaid context has further added that the suit for permanent injunction naturally involves the declaration of title over the disputed property and in such suit the orders of the authorities, passed under Section 122B of the Act, would not be of much consequence in the face of Sub-section (4D) of Section 122B of the Act. Learned counsel has placed reliance upon the case law of Likhi Ram alias Moola and Anr. v. State of U.P. and Ors. 2000 (1) AWC 521 : 2002 (93) RD 126 ; Shankar Saran and Ors. v. State of U.P. and Ors. 1987 All LJ 877 and Kail Charan v. Additional District Magistrate, Agra and Ors. 2000 (2) AWC 1669 : 2000 (91) RD 339.