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Smt. Archana Singh & Another vs Commissioner Faizabad Division ...

High Court Of Judicature at Allahabad|13 February, 2014

JUDGMENT / ORDER

Two suits under section 229B of the U.P. Zamindari Abolition and Land Reforms Act (in short, ZA Act) were filed amongst the respondents in the writ petition. The petitioenrs filed an application for impleadment in the said suits claiming on the basis of a sale-deed executed in their favour by respondent nos. 18 to 20, who were the recorded tenureholders.
It is stated by the learned counsel for the petitioners that the trial court is proceeding with the case fixing the case every alternate day. It is proceeding to decide the matter out of turn in pursuance of a direction issued by the Collector, a copy whereof has been filed as Annexure-1 to the writ petition. He further submits that the direction of the Collector is wholly without jurisdiction as the Collector has no role to play in the matter. It is further stated by the learned counsel that the parties to the suits have entered into between a compromise, which has also been verified. He has further submitted that in case the suits are decided before the revisions, the interests of the petitioners will be severely prejudiced.
I am not convinced that the decision of the suits will prejudice the interests of the petitioners inasmuch as the parties to the suits, or, at least, the vendors of the petitioners, namely, respondent nos. 18 to 20 can not enter into a valid compromise in regard to the land, rights whereof have already been transferred in favour of the petitioners by way of a registered sale-deed, as claimed.
However, under the circumstances of this case, the writ petition is disposed of with a direction to opposite party no. 1 to endeavour to decide the said revisions expeditiously, preferably within a period of 6 weeks from the date of production of certified copy of this order before him.
Needless to say, respondent no. 1 shall endeavour to decide the cases without granting unnecessary adjournments to either to the parties.
With the aforesaid directions, the writ petition is disposed.
Order Date :- 13.2.2014 sks-grade iv
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Title

Smt. Archana Singh & Another vs Commissioner Faizabad Division ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
13 February, 2014
Judges
  • Anjani Kumar Mishra