Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 5871 of 2017 Petitioner :- Prem Singh And 2 Others Respondent :- Smt. Soni Devi And 6 Others Counsel for Petitioner :- Ram Manohar Kashyap
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners.
Present petition has been filed for setting aside the order dated 24.10.2008 passed by the court of Civil Judge (Junior Division) Ghazipur in original suit No.308 of 2008 (Prem Singh and others vs. Hardeo Singh and others) as well as the order dated 13.4.2017 passed by the Additional District Judge (E.C. Act) Ghazipur in Misc. Appeal No.140 of 2008 (Mahesh Singh and others vs. Hardeo Singh and others).
By the order dated 24.10.2008 the suit of the petitioners was dismissed as not maintainable being barred by Section 331 of The U.P. Zamindari Abolition and Land Reforms Act, 1950 and the same was returned for representation before the competent court. The appeal against the aforesaid order was also dismissed. Both the courts below have clearly recorded a finding that the disputed property being Arazi No.4337 and 1809 is a bhumidar land and the interest of daughter is also involved, which can only be decided by the revenue court.
In such view of the matter, I do not find any jurisdictional error in the orders impugned herein. The order does not suffer from any legal infirmity.
The petition is devoid of merit and is, accordingly, dismissed.
Order Date :- 27.4.2018 Deepika