Jagir Singh vs Lakhvinder Singh And Ors

Court No. - 7

Case :- WRIT - C No. - 52446 of 2017 Petitioner :- Jagir Singh Respondent :- Lakhvinder Singh And 5 Ors. Counsel for Petitioner :- Deepak Kumar Srivastava Counsel for Respondent :- Amresh Singh

Hon'ble Surya Prakash Kesarwani,J.

Heard learned counsel for the petitioner and the learned standing counsel for the State respondents.

Learned counsel for the petitioner submits that an interim order dated 13.11.2014 was passed by S.D.M. Sadar, Shahjahanpur against which a Revision No.C201512000/15 (Irshad Khan vs. Lakhvindar Singh and others) was filed which was allowed ex parte by order dated 27.02.2015 and a direction was issued to re-decide the application of Lakhvindar Singh dated 12.11.2014. Against that order, the aforesaid Lakhvindar Singh filed Writ-C No.27827 of 2015 on the ground that the aforesaid Revision was allowed without affording opportunity of hearing to him violating principles of natural justice. Under the circumstances, this Court passed an interim order dated 14.05.2015 in the aforesaid Writ-C No.27827 of 2015 (Lakhvindar Singh vs. State of U.P. and 9 others) providing that till the next date of listing, the operation of the order dated 27.02.2015 passed in the aforesaid Revision shall remain stayed. In the aforesaid interim order, this court clarified that proceeding of suit has not been stayed and the court below shall proceed in the suit in accordance with law.

Now, the petitioner has filed the present writ petition challenging the order dated 28.08.2017 passed by the S.D.M. Sadar Shahjahanpur allowing the amendment application of the respondent No.1 in the pending Case/Suit No.T20141261018284 under Section 176 of the U.P.Z.A. & L.R. Act relating to village Satwan Bujurg, Pargana and Tehsil Sadar, District Shahjahanpur.

Submission of the learned counsel for the petitioner is that since an order of status quo has been passed on 14.05.2015 in Writ-C No.27827 of 2015 and as such, the S.D.M. Sadar, Shahjahanpur could not pass any order on the amendment application.

I do not agree with the submission of learned counsel for the petitioner. Undisputedly, as admitted by learned counsel for the petitioner, an interim order dated 13.11.2014 was passed by the S.D.M. Sadar, Shahjahanpur in Case No.T20141261018284 (Lakhvindar vs. Jagir Singh) under Section 176 of the U.P.Z.A. & L.R. Act. According to the petitioner, the aforesaid interim order dated 13.11.2014 was passed directing for status quo with respect to the disputed land. Against the said order, a Revision No.C201512000 of 2015 (Irshad Khan vs. Lakhvindar Singh and others) was filed which was allowed by ex parte order dated 27.02.2015. In Writ-C No.27827 of 2015 an order dated 14.05.2015 was passed staying operation of the aforesaid revisional court's order dated 27.02.2015. Thus the effect of interim order passed by this Court is that the interim order of status quo with respect to the disputed land continues. There is no order staying the proceedings of the aforesaid case pending before the S.D.M. Sadar, Shahjahanpur. Under the circumstances, the S.D.M. Sadar, Shahjahanpur has not committed any error to decide the amendment application by the impugned order dated 28.08.2017.

No other point has been argued before me.

However to meet the ends of justice, a direction is issued to the S.D.M. Sadar, Shahjahanpur to decide the aforesaid Case No.T20141261018284 (Lakhvindar vs. Jagir Singh) under Section 176 of the U.P.Z.A. & L.R. Act in accordance with law, expeditiously preferably within eight months from the date of presentation of a certified copy of this order.

In view of the aforesaid, the writ petition is dismissed subject to the direction made above.

Order Date :- 8.11.2017 NLY