RAJ PATI Vs. LAND MANAGEMENT COMMITTEE

JUDGEMENT

(1.) This is a second revision petition preferred against the judgement and order dated 31.5.96 passed by the learned Additional Commissioner, Varanasi Division, Varanasi, arising out of an order dated 30.9.95 passed by the trial court in a proceeding under Sec. 198 (4) of U.P.Z.A. & L.R. Act.

(2.) Brief and relevant facts of the case are that the proceedings under Sec. 198 (4) of U.P.Z.A. & L.R. Act were initiated on the application dated 23.12.86 moved by the plaintiff one Sankatha and others; during the proceedings the learned trial court passed an order on 20.2.87 directing that the parties shall maintain status quo on the spot. Later on, the trial court recalled the aforesaid order on 30.8.95. Aggrieved by this order a revision was preferred. The learned Additional Commissioner has found the aforesaid revision as maintainable and fixed for final hearing, vide the order dated 31.5.96. Against this very order, the instant second revision partition has been preferred before this court.

(3.) Heard the learned counsel for the parties and perused the relevant papers on file.