GAON SABHA Vs. AWDHESH

JUDGEMENT

(1.) This second appeal (No. 78 of 1992-93 Gaon Sabha Vs. Awadhesh and others) was partly heard by this court on 6.5.97 , later on, notice was ordered to be issued to Sri P.N. Kushwaha, Advocate, who had initially filed the appeal on behalf of the Gaon Sabha. The case was listed for hearing on 21.5.97. In the normal course, the file pertaining to the aforesaid appeal ought to have been placed before this court for orders. However, the file was placed before the learned Member who was seized with the cases of Varanasi Division in the light of subsequent distribution of business and allocation of territorial jurisdiction. An application was moved before him requesting that the office be directed to place the file before this court for disposal as it was a part-heard case. The learned D.G.C. (R) had no objection. The case was ordered to be placed before this court for order. The aforesaid second appeal has been heard by me and I proceed to deal with it.

(2.) This second appeal against the judgement and decree dated 8.7.1993 passed in First Appeal No. 70 of 1993 (Awadhesh Vs. Gaon Sabha) by the learned Additional Commissioner Varanasi Division was presented before the Registrar, Board of Revenue, U.P. Allahabad, on behalf of the Gaon Sabha by Sri P.N. Kushwaha Advocate, against Awadhesh alone on 24.8.1993. On 22.12.1993, an application was moved by Sri Kushwaha for permission to implead the State through Collector Ghazipur as respondent No. 2. The impleadment was allowed the same day.

(3.) Briefly stated the facts are that Awadhesh son of Chandrama Prasad instituted the suit under Sec. 229-B of the U.P.Z.A. & L.R. Act against the Gaon Sabha and State on 13.6.1985 alleging that by the resolution dated 28.3.1982 of the Land Management Committee he had been allotted plot Nos. 142, 151, and 287, that by exchange sought for under Sec. 161 of the U.P.Z.A. & L.R. Act between Gaon Sabha and others, exchange of land was allowed by the S.D.O. on 4.6.83 in favour of Radhey Singh in case No. 7, in favour of Mahatam in case No. 8 and in favour or Harbansh in case No. 9, that the land which Gaon Sabha received in exchange from the aforesaid persons in lieu of its land belonged to the plaintiff and should be given to him. He prayed for a declaration accordingly. Notices were served on the Gaon Sabha and State. In spite of due notice, Gaon Sabha did not put in any contest. State filed a W.S. on 31.12.1985 and contested the suit and denying the rights, title and possession of the plaintiff. It was pleaded in defence that the land in question was Gaon Sabha property and was in its occupation and that the claim of the plaintiff was barred by Sec. 49 of the U.P.C.H. Act.