Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1026 of 2018 Petitioner :- Sahab Lal Maurya And Another Respondent :- Gram Panchayat/Land Management Committee And 2 Others Counsel for Petitioner :- Surya Bhan Singh Counsel for Respondent :- Manoj Kumar Yadav,C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The instant petition has been filed challenging the order dated 21.12.2016 in Original Suit No. 1339 of 2013, whereby the trial court has rejected application filed by the petitioners for temporary injunction and the order dated 13.10.2017, by which the appeal filed by the petitioners against the said order has been dismissed.
The petitioners have instituted the suit for permanent prohibitory injunction against the State of U.P. and Gram Panchayat claiming title to the suit property under Section 9 of the U.P.Z.A. & L.R. Act, 1950. It was the contention of the petitioners that the suit property comprises of trees and Abadi and had been in possession of their fore-fathers since before coming into force of the Act and consequently, it had vested in them.
The courts below have entered a specific findings that Arazi no. 579, which is one of the plots which is subject matter of the suit, is recorded as khalihan whereas Arazi no. 581, the other plot is recorded as banjar land. It has further been recorded by the courts below that since then, twice consolidation had taken place in the village, but wherein these entries were not challenged, thus, prima facie the suit appears to be barred by under Section 49 of U.P.C.H. Act, 1953.
Counsel for the petitioners is not in a position to dispute these findings.
In such view of the matter, this Court is of the opinion that there was no prima facie case in favour of the petitioners to warrant grant of a temporary injunction. Accordingly, this Court does not find any illegality in the impugned orders to warrant interference.
At this stage, counsel for the petitioners prayed for issuance of a direction to decide the suit expeditiously.
Having regard to the facts of the case, the trial court is directed to make all endeavour to decide the suit expeditiously, without granting unnecessary adjournments to the parties. The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.) Order Date :- 27.2.2018 skv