NARESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 31.3.2001 passed by IInd Additional District Judge, Meerut on his application filed under Order 23, Rule 1 (3) of Civil Procedure Code (herein after referred to as the CPC). The writ petition as it was originally filed was under Articles 226 and 227 of the Constitution of India.

(2.) At the time of hearing counsel for the petitioner, Sri Ajay Rajendra submitted that in view of law laid down by the Honourable Supreme Court in the case of Radhey Shyam Vs. Chhabinath 2015 (5) SCC 423, this writ petition may be treated to have been filed as an application under Art. 227 of the Constitution of India, praying for exercise of supervisory jurisdiction of this Court and the relief clause praying for a writ in the nature of certiorari for quashing the impugned order dated 31.3.2001 passed by IInd Additional District Judge, Meerut may be suitably modified and the impugned judgment and order dated 31.3.2001 be set aside in exercise of supervisory jurisdiction of this Court under Art. 227 of the Constitution. On oral prayer being made, this Court has deemed it appropriate to treat this writ petition No. 12118 of 2002 as an application under Art. 227.

(3.) The petitioner while challenging the order dated 31.3.2001 has submitted that he had filed a suit for permanent injunction in the Court of Civil Judge, namely Original Suit No. 910 of 1993 (Naresh Kumar Vs. State of U.P. through Collector, Meerut) arraying the Land Management Committee of Gaon Sabha Bahadurpur, Tehsil Sardahana, District Meerut and four private opposite parties in this suit for permanent injunction. The petitioner had claimed that he was the owner in possession of land (Gher) situated at village Bahadurpur which land had devolved upon him as ancestral property from his father Aatma Ram who in turn came into possession from his fore fathers and since their possession over the land in dispute was from before Zamindari Abolition, they became owner in possession under Sec. 9 of the U.P. Z.A. and L.R. Act. It was further stated that on the said land, there was a Pucca room, Ahata and a shed for the animals and an oil press but the Gaon Sabha in question initiated proceedings under Sec. 122-B for eviction of the petitioner and therefore, the petitioner sent a registered notice under Sec. 80 C.P.C. and 115 of the U.P. Panchayat Raj Act to the State respondents and the Gaon Sabha in question on 15.9.1995 and later filed the suit for permanent injunction.