Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9599 of 2018 Petitioner :- Smt. Piyari Devi @ Piyaria Devi And 4 Others Respondent :- Gram Panchayat Dharawan And Another Counsel for Petitioner :- Sadhu Sharan Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Mrs. Sunita Agarwal,J.
The orders dated 24.12.2012 and 13.9.2018 passed by the civil court in Original Suit No.307 of 2010 (Sechan Ram & Ors. v. Gram Panchayat & Ors.) rejecting temporary injunction application are under challenge in the present petition. A categorical finding has been recorded by the trial court that the suit land is recorded as 'Banjar' in the revenue records i.e. Khatauni (Paper No.13-Ga) filed by the plaintiff. The plaintiff has failed to submit any document of proof of allotment of the said land in his favour or any order of the Competent Authority to create any right over the said land.
No injunction can be granted with respect to a 'Banjar' land by the civil court.
These findings returned by the court below are not subject matter of challenge in the present petition. Only submission of learned counsel for the petitioners is that court below has refused to examine the provisions of Section 123 of U.P. Z.A. & L.R. Act which provides for settlement of land, a 'Banjar' land being used as 'Sehan' land.
This submission of learned counsel for the petitioners cannot be entertained to attach any infirmity to the order impugned, inasmuch as, the benefit of Section 123 (1) of the U.P. Z.A. & L.R. Act cannot be granted by the civil court. It is open for the petitioners to seek appropriate relief under the U.P. Revenue Code, 2006.
In view of the above, the present petition is dismissed. Order Date :- 22.1.2019 Jyotsana