Case :- WRIT - B No. - 1551 of 2019 Petitioner :- Anil And Another Respondent :- Board Of Revenue And 6 Others Counsel for Petitioner :- Satyendra Narayan Singh,Subhash Chandra Pandey Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioners.
The present writ petition has been filed against the orders dated 4.9.2018 passed by the Board of Revenue, U.P at Lucknow i.e. respondent no.1, 30.01.1995 passed by the Additional Commissioner (Admn.), Moradabad Division, Moradabad i.e respondent no. 2 and 5.8.1994 passed by the Sub Divisional Officer, Rampur, i.e respondent no.4 whereby the Revenue Courts have directed that the disputed plots shall vest in the State Government and therefore the State Government be recorded in the revenue records relating to the disputed plots. The orders have been passed on the basis that the land was beyond the limit prescribed under the Ceiling Act and therefore, vested in the State. The land had been declared surplus by order dated 5.8.1984 passed by the Sub Divisional Officer, District Rampur. The order dated 5.8.1994 has already been stayed by this Court in Writ B No.963 of 2019.
Apart from the aforesaid, the counsel for the petitioner has argued that in proceedings under Section 34 of the U.P Land Revenue Act, 1901, revenue courts did not have the jurisdiction to declare the land as surplus under the Ceiling Act.
The matter requires consideration.
The Standing Counsel prays for and is granted six weeks' time to file counter affidavit. The petitioners shall have two weeks thereafter to file their rejoinder affidavit.
List thereafter along with Writ Petition No.963 of 2019.
Meanwhile, the operation of the orders dated 4.9.2018 passed by the Board of Revenue, U.P at Lucknow i.e. respondent no.1, 30.01.1995 passed by the Additional Commissioner (Admn.), Moradabad Division, Moradabad, i.e. respondent no. 2 and 5.8.1994 passed by the Sub remain stayed.
Order Date :- 31.5.2019 IB