Court No. - 4 Case :- WRIT - B No. - 46932 of 2010 Petitioner :- Deep Chand & Others Respondent :- Sri Bhagvan & Others Petitioner Counsel :- Shachindra Mishra Respondent Counsel :- C.S.C. Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
It is contended that vide judgement and order dated 12.6.1988 this
Court held that the civil court has no jurisdiction and the suit would lie
before the revenue court, yet a suit filed by the petitioners under
Section 229B of U.P.Zamindari Abolition & Land Reforms Act has
been dismissed by the lower appellate court as well as by the Board
of Revenue, on the ground that jurisdiction is vested in civil court.
Primafacie from a perusal of the orders it appears that the two
judgements are per se illegal and in the teeth of judgement of this
Court.
Issue notice to the respondent no. 1, who may file counter affidavit.
Steps be taken by registered post within ten days.
Office shall issue notices returnable at an early date.
List for admission on the date fixed by the office in the notice.
Until further orders of this Court, effect and operation of the
impugned order dated 28.5.2008 passed by Additional
Commissioner, Azamgarh Division, Azamgar and 16.12.2008 passed
by the Board of Revenue shall remain stayed.
Order Date :- 10.8.2010
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