Court No. - 6
Case :- WRIT - C No. - 37086 of 2019 Petitioner :- Bittu Alias Bijendra Singh Respondent :- Additional Commissioner And 03 Others Counsel for Petitioner :- Narayan Dutt Shukla,Ramesh Chandra Singh (Senior Adv.) Counsel for Respondent :- C.S.C.,Rajesh Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard Shri R.C. Singh, learned counsel for the petitioner, Shri Rajesh Yadav, counsel for the Gaon Sabha and learned Standing Counsel for the State-respondents.
It appears that in a declaratory suit under Section 229-B of the UP Zamindari Abolition & Land Reforms Act was filed by the plaintiff- petitioner.
It has been stated that an application was filed by the petitioner to summon the Pradhan of the Gaon Sabha as it is state that he is the best person to depose about the petitioner possession over the land in suit.
This application which has been rejected by a single word order. The consequential revision has also been dismissed as not maintainable being directed against an interlocutory order.
The contention of counsel for the petitioner is that the Pradhan had filed a written statement as regard the petitioners' claim over the land belonging to the Gaon Sabha.
The suit has been filed by the petitioner. It is for the plaintiff to adduce evidence to prove his case. He cannot compel the defend to depose. The written statement having been filed by the Pradhan, it is for him the defendant to prove his case and disapprove the case of the petitioner. However the Court cannot force the defendant to adduce evidence or to depose.
Under the circumstances, the order passed by the trial court even if a single word order is perfectly justified in the facts and circumstances of the case. For the same reason, this Court does not find any ground to interfere.
The writ petition is accordingly dismissed.
Order Date :- 28.11.2019 Priyanka