SHIV KUMAR Vs. ADDL. COMMISSIONER (ADMIN.)

JUDGEMENT

(1.) Heard Mr. Pankaj Gupta, learned Counsel for the petitioners, learned Standing Counsel for No. 1 and

(2.) Mr. Indrajeet Shukla, learned Counsel for private respondents. The present special appeal arises out of the judgment and order dated 21.11.2013 passed in writ petition No. 7188 (M/S) of 2013 : Shiv Kumar and others v. Additional Commissioner (Administration), Devi Patan Mandal, Gonda and others , whereby the learned Single Judge disposed of the writ petition with the following directions :

(3.) It appears that dispute relates to agricultural land comprised in Plot No.802, area 0.69 hectare and plot No.132/2, area 0.43 hectare. Initially the said land was recorded in the revenue record in the name of Ganga. After his death dispute of succession arose. Appellants claim that firstly they inherited the property and secondly Ganga had also executed an unregistered Will in their favour on 07.07.1994. Initially the dispute was litigated in mutation proceedings. Ultimately, Additional Commissioner (Administration), Devi Patan Mandal, Gonda decided the mutation matter in favour of the contesting respondents No.4 to 7 on 25.01.2008. Revision filed against the same before Board of Revenue, Lucknow was dismissed on 13.10.2011. Review petition was also dismissed. Thereafter, petitioners filed Writ Petition No.144 (M/S) of 2012 in this court. An interim order was passed in the writ petition on 21.02.2012, however during pendency of the writ petition, appellants also filed regular suit based on title under Section 229-B of U.P.Z.A. and L.R. Act on 15.03.2012. Thereafter, writ petition was dismissed as infructuous on 03.09.2012 in view of filing of the suit. In the suit, appellants filed application for temporary injunction under Section 229-D of U.P.Z.A. and L.R. Act. The trial court/S.D.O./Deputy Collector, Tehsil Sadar District Gonda passed status quo order on 11.05.2012 in the suit (Suit No.9/88). However, the status quo order was extended and a specific order rejecting temporary injunction application was passed on 23.08.2013 by the trial court.