Court No. - 27 Case :- WRIT - C No. - 36685 of 1994 Petitioner :- Brahma Singh and others Respondent :- A. Collector Petitioner Counsel :- H.C.K. Srivastava Respondent Counsel :- Sc.,V.K. Singh Hon'ble Sibghat Ullah Khan,J.
This writ petition is directed against orders passed under Section 122-B of
U.P.Z.A.&L.R. Act. Six cases were decided by a common judgment and order
dated 31.5.1994 passed by Additional Tehsildar/Assistant Collector, Tehsil
Jansath, District Muzaffar Nagar. The cases were registered as case no. 58 to
63 all of 1993. In all the cases applicant was Gram Sabha, Mehalki. The main
case of the petitioners before the trial court was that civil suits in respect of
the same property had already been filed by State and Gram Sabha against
each petitioner. Copy of plaint of one of such suits is Annexure-2 to the writ
petition (O.S. No.775 of 1993). The plaint was filed before Civil court,
Muzaffar Nagar. Learned counsel for the petitioners further states that
petitioners had also already filed two suits (suit no. 363 and 365 both of 1988)
for injunction in respect of same property in the year 1988. Against the order
of eviction and recovery of damages passed by Assistant Collector on
31.5.1994, petitioners filed revisions. Revisions were registered as revision
nos. 34 to 39 all of 1993-94. Additional Collector (Administration), Muzaffar
Nagar dismissed the revisions through judgment and order dated 31.8.1994
hence this writ petition.
In my opinion when civil suits are pending, proceedings should have been
stayed as the orders passed under Section 122-B of U.P.Z.A.&L.R. Act are
subject to the result of the regular suit based upon title.
Accordingly, writ petition is disposed of with the direction that the judgment
and decree to be passed in civil suits shall have over riding effect upon the
judgments and orders passed under Section 122-B of U.P.Z.A.&L.R. Act and
challenged through this writ petition. It is further directed that until decision
of the original suits pending before civil court petitioners shall not be evicted
in pursuance of the impugned orders passed under Section 122-B of the Act.
However, if petitioners themselves delay disposal of the suits pending before
civil court then this direction regarding non-dispossession shall cease to have
any effect.
Order Date :- 28.1.2010
RS