Heard learned counsel for the petitioner and the learned counsel for the opposite parties.
The question involved in this petition is as to whether the dispute is entertainable under the U.P. Consolidation of Holdings Act (herein after referred to as the 'Act') in respect of the property which was executed under the Government Grant Act 1965. Objection filed by the petitioner has been rejected and the appeal and revision have also met the same fate.
Learned counsel for the petitioner relies upon the decision of this Court reported in 2009 (108) RD 549 Munendra Vishwas Vs. State of U.P. and others where this question has been decided and it has been held that in the property falling under the Government Grant Act, the provisions of U.P. C.H.Act applies.
The matter requires consideration.
Opposite parties are granted four weeks time to file counter affidavit and the petitioner is granted two weeks thereafter to file rejoinder affidavit. List thereafter.
Considering the aforesaid fact, the operation of the orders dated 28.8.2010, 17.07.2009 and 08.02.2008 passed by opposite parties no.1, 2 and 3 shall remain stayed.
Order Date :- 13.1.2011 BLY