Heard.
This petition has been filed praying for a direction to be issued to the Sub-Divisional Officer, Tanda, District Ambedkarnagar, to decide expeditiously the Regular Suit for declaration of title filed under Section 229 B of the U.P. Z.A. & L.R. Act: Raj Dei Vs. Ram Bahadur.
It has been submitted by learned counsel for the petitioners that the name of the petitioner no.1 was mutated over the certain land along with petitioner nos.2, 3 and 4 by the Tehsildar on 23.11.1990. The respondent nos.2 to 4 however raised a dispute by filing an application for correction of records before the Sub Divisional Officer which was thereafter decided and then Ram Bahadur filed a Writ Petition No.2034 (M/S) of 2002: Ram Bahadur Vs. S.D.O. and others, wherein the order of the S.D.O was stayed. The petitioner in the meantime filed Regular Suit under Section 229 of the U.P. Z.A. & L.R. Act as far back as on 11.06.2004, but the said suit is still pending.
It is not disputed that the application for correction of records which was decided by the S.D.O. was challenged in the writ petition, which was filed by Ram Bahadur the predecessor-in-interest of the respondent no.2 and 3 in this Court in 2002 itself. The said writ petition is pending and perhaps because of such pendecy, the S.D.O. is shirking from his duty to decide the case filed by the petitioners under Section 229B of the U.P. Z.A. and L.R. Act.
This petition is disposed of with a direction to the S.D.O. to consider and decide the suit under Section 229 B of the U.P.Z.A.& L.R. Act as it relates to declaration of title which litigation can only be decided by the Court of the S.D.O. and on declaration of title the correction of records application will have to follow suit.
Since the suit is pending for the past 17 years, it be decided as expeditiously as possible, say, within a period of eight months from the date a copy of this order is produced.
Order Date :- 11.2.2021 Rahul