BACHCHAN LAL Vs. BANSHRAJ AND 8 OTHERS

JUDGEMENT

(1.) Heard Shri Suresh Chandra Tripathi, learned counsel for the petitioner and Shri Shiva Priya Prasad, learned counsel for the respondent.

(2.) Present petition has been filed to set-aside the impugned orders dated 15.02.2018 passed by Additional District Judge (F.T.C.IInd), Jaunpur in M.C.A. No. 177 of 2004 (Bachchan Lal v. Banshraj and Others) and also the order dated 04.10.2004 passed by the Civil Judge (Junior Division) Shahar, Jaunpur in Suit No. 241 of 2002 (Bachchan Lal v. Banshraj and Others) . It is also prayed that the injunction application filed by the petitioner be allowed forthwith and the respondents be restrained from interfering in right, title, possession and enjoyment of the petitioner over the property in dispute during the pendency of the present petition.

(3.) By the order dated 04.10.2004 interim injunction application filed by the petitioner was rejected against which the Misc. Appeal filed by the petitioner was also dismissed. A suit no. 241of 2002 was filed by the petitioner against Banshraj and Others for permanent injunction. The injunction was refused by the Trial Court on the ground that the allotment (Patta) was granted by the Gram Pradhan,Vinod Kumar Singh, and the receipt issued by the Land Management Committee dated 01.10.1992 is not available in the register of Tehsil office. Vinod Kumar Singh has denied execution of any such Patta in favour of the petitioner although he has not given clear reply about his signatures on the affidavit. It is also not asserted that the petitioner belongs to SC/ST category whereas under Section 122-C of the UPZA and LR Act, the land could have been allotted to a person belonging to SC/ST category and the landless agricultural labourers. The aforesaid order was affirmed in the appeal.