Court No. - 9
Case :- WRIT - C No. - 14772 of 2019 Petitioner :- Virendra Kumar Singh Respondent :- Additional Commissioner (Administration) Varanasi Division And 23 Others Counsel for Petitioner :- Abhishek Rai,Rahul Singh,Vineet Sankalp Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Manoj Kumar Yadav for the Gaon Sabha, respondent no. 23 as also Shri Vineet Sankalp for the respondent no. 24.
The writ petition seeks a writ of certiorari for quashing the order dated 13.03.2019 passed by the Additional Commissioner (Administration) Varanasi Division, Varanasi in revision under Section 333 of the U.P. Zamindari Abolition and Land Reforms Act.
It appears that the petitioner filed a suit for partition. A plea was raised in the suit that the partition suit under Section 176 was not maintainable in as much as part of the property in suit was abadi on the spot.
The objection regarding maintainability was turned down by the trial court. However, in revision, the order of the trial court has been set aside and the matter has been remitted back to consider certain circumstances, which had not been adverted to by the trial court while holding the suit to be maintainable.
The contention of Counsel for the petitioner is that as per the respondents only part of the suit properly in in the shape of abadi.
In the aforesaid facts and circumstances, I do not see any good ground to interfere because the trial court has to decide the issue of maintainability of the suit, afresh, in pursuance of the order of remand.
The petitioner can always, consequent to the remand pray before the trial court that the suit is at least, partially maintainable, if only some portion of the land in suit has since been converted into abadi.
Under the circumstances, no good ground for interference with the order of remand is made out.
The writ petition is dismissed.
Order Date :- 30.4.2019/Mayank