Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 3562 of 2018 Petitioner :- Madan Pal Respondent :- District Judge Varanasi And 7 Others Counsel for Petitioner :- Shyam Singh Sengar
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present petition has been filed for setting aside the impugned order dated 20.09.2017 passed by Additional Civil Judge-IVth (Jr. Division), Varanasi in Civil Suit No. 381 of 2008 (Ram Kishun and others Vs. Bhullu and others).
By the impugned order dated 20.09.2017, the court below has directed for appointment of Survey Commission.
Learned counsel for the petitioner submitted that the parallel proceedings on the revenue side under Section 41 of the Land Revenue Act is also going on between the parties, therefore, the order of appointment of survey commission is incorrect and a direction should not have been issued.
It is not a dispute that the survey commission report either on the revenue side or on the civil side has not been confirmed as yet.
The petitioner undisputedly will have a right to raise objection upon the survey commission report if any submitted.
In such view of the matter, I do not find any illegal infirmity in the order impugned herein.
Present petition is devoid on merits and is accordingly dismissed.
Order Date :- 28.5.2018 Sanjeet