Court No. - 38

Case :- WRIT - C No. - 5204 of 2021

Petitioner :- Meera Devi

Respondent :- State Of U P And 71 Others

Counsel for Petitioner :- Bhagwan Dutt Pandey

Counsel for Respondent :- C.S.C.,Sudhir Bharti

Hon'ble Saumitra Dayal Singh,J.

1. Sri Sudhir Bharti, learned counsel has appeared for the Gaon Sabha.

2. Challenge has been raised to the order dated 05.11.2020 passed by

the Sub Divisional Officer, Sadar, Maharajganj in case

no.T202005470104008 (Smt. Dharma Devi and others Vs. Surya

Narayan and others) filed under Section 116 of UP Revenue Code, 2006

with respect to Arazi No.290sa area 0.656 hectare evam Arazi No.434

area 0.239 hectare. By that order, the petitioner has been restrained

from raising any construction over the said property for reason of

proceeding for division of holding being pending under the above noted

provision of law.

3. Submission of learned counsel for the petitioner is that the aforesaid

proceedings are wholly without jurisdiction, inasmuch as, the land in

question has been declared abadi, and therefore, no proceedings under

Section 116 of the UP Revenue Code, 2006 may lie with respect to such

property. Even otherwise, it has been submitted that the Sub Divisional

Officer has no jurisdiction under the aforesaid provision of law to pass an

order in the nature of injunction. Third, it has been submitted that the

aforesaid order has been passed ex parte against the petitioner, though

on the date of the order being passed, the petitioner was already

represented in those proceeding. However, the order came to be passed

without issuance of any notice to the petitioner.

4. In view of the aforesaid objections, it is considered proper and in the

interest of justice, the writ petition is disposed of with a direction that in

case the petitioner files an application before respondent no.2-Sub

Divisional Officer, Sadar, District-Maharajganj to recall/vacate the order

dated 05.11.2020, on the grounds above noted and such other ground as

the petitioner may be advised, within a period of one week from today,

that application necessarily be heard and decided, as expeditiously as

possible, not later than 15.03.2021. All further proceedings may be taken

accordingly.

Order Date :- 18.2.2021

S.Chaurasia