SWAMI VISHWAKSENACHARYA ALIAS BRIJ BAHADUR ATMAJ SWAMI SUDARSHANCHARYA ALIAS RAGHUNANDAN DASS Vs. BOARD OF REVENUE, U.P. AND OTHERS

JUDGEMENT

(1.) Swami Vishwaksenacharya has filed this petition under Art. 226 of the Constitution praying for a writ of certiorari quashing the judgments dated Sept. 28, 1963, Sept. 16, 1964 and May 18, 1965, copies being annexures 2, 3 and 5 respectively.

(2.) In the petition I have heard the learned counsel for the parties.

(3.) The petitioner states that on Dec. 18, 1962 he instituted a regular suit under Sections 209 and 219 of the U.P. Zamindari Abolition and Land Reforms Act in the court of the Judicial Officer, Lucknow. A preliminary issue as regards jurisdiction was framed. On Aug. 28, 1963 the Judicial Officer held that the suit was not maintainable. The petitioner preferred an appeal. The Commissioner, Lucknow Division dismissed the appeal on Sept. 18, 1965. The petitioner preferred a second appeal to the Board of Revenue. This was also dismissed on May 18, 1965. The only contention before me is as regards the view that the provisions of Sec. 49 of the U.P. Consolidation of Holdings Act barred a suit under Sec. 209 of the U.P. Zamindari Abolition and Land Reforms Act. The learned counsel urges that this view is not correct inasmuch as no relief as regards delivery of possession or ejectment of a trespasser could be granted by any consolidation courts. The consolidation courts could only grant a declaration of title. In the present case the learned counsel for the petitioner urges that the only issue that has at present been framed and is being decided is issue No. 1 which reads :