RANGEELE AND ORS. Vs. COMMISSIONER VARANASI AND ORS.

JUDGEMENT

(1.) Heard Shri A.K. Singh, counsel for the petitioner, Shri Triveni Shanker for the respondent No. 8, Shri Anil Kumar Aditya for the respondent No. 5.

(2.) With the consent of the parties, this writ petition is being decided finally despite respondent Nos. 6,7,9, 10, 11 not being represented, without issuing notice to them, in view of the order proposed to be passed. In case, the said respondents are aggrieved, it will be open for him to file for recall of this order.

(3.) The writ petition arises out of a suit under Section 229-B read with 176 of the UP Zamindari Abolition and Land Reforms Act, namely, for declaration and partition. It is submitted that this suit was filed with regard to seven plots including Plot Nos. 799 and 745/3 mentioned in Schedule-II of the plaint. A written statement was filed. However the village, namely, Rasoolpur, Pargana Shivpur Tehsil Sadar District Varanasi, where the plots are situated was brought under consolidation operations, consequent to a notification under Section 4 of the Consolidation of Holdings Act issued on 26.05.1994. On account of the said notification, the suit filed by the petitioner, was ordered to abate under Section 5 of the Consolidation of Holdings Act vide order dated 31.03.1998.