Heard.
This petition has been filed with the following main relief:-
"(i) direct the respondent No.1 to take decision upon the petitioners' application dated 22.1.2021 which is filed against the maintainability of case No.05256/2020 (Computerized Case No.T202010330- 405256) Bulaki vs. Rasid Ali and others, under Section 116, Uttar Pradesh Revenue Code, 2006, which is pending before him within stipulated time period."
It has been submitted by learned counsel for the petitioners that respondent no.2 has executed a sale deed on 05.02.1991 with respect to the certain land situated in Village Tikra Daudpur. The land is situated near the Sandila-Unnao Road. The purchaser Sri Rashid sold off the land in question to the petitioners through a registered sale deed executed in 2003. The petitioners have planted several trees on the said land. The respondent no.2 with the collusion of the revenue officials got the demarcation of his plot of land wherein certain part of the petitioners' land was also shown to be belonged to respondent no.2. The petitioners made an application on 12.11.2020 to the SDO Sandila Hardoi regarding the grievance. The SDO Sandila by his order dated 27.12.2020 directed the SHO concerned to look into the application of the petitioner and after enquiry to submit a report to him. In the meantime, the respondent no.2 filed a suit No.05256 of 2020. Although a report was submitted that the case was not maintainable and the petitioners have also filed their objections to the application regarding the maintainability of the suit under Section 116, the same is pending before the respondent no.1 and no decision has been taken in the matter.
Hence this petition.
Learned Standing Counsel has pointed out that the suit filed by the respondent no.2- Bulaki, has stated that he has sold of one bigha one biswa 12 biswansi of his land to Rashid Ali, the vendor of the petitioners and the petitioners herein being the transferees from Rashid Ali can only be said to be co-tenure holders of plot no.266 ad-measuring six bigha one biswa and 12 biswansi.
This petition is disposed of with a direction to the respondent no.1 to consider and decide the application for maintainability of the suit first before passing any orders on the merits of the case.
Order Date :- 11.2.2021 Rahul