Advocates:
['RAHUL KUMAR JADAUN', '', 'VINEET VIKRAM', 'MUJEEB KHAN', 'C S C']

Court No. - 32

Case :- WRIT - C No. - 8759 of 2020

Petitioner :- Bhagwan Das And Another

Respondent :- Collector District Jalaun And 4 Others

Counsel for Petitioner :- Rahul Kumar Jadaun,Mujeeb

Khan,Vineet Vikram

Counsel for Respondent :- C.S.C.

Hon'ble Rohit Ranjan Agarwal,J.

This writ petition arises out of proceedings under Section 41 of

the L.R. Act. Petitioners have challenged the order dated

16.09.2014 passed by the respondent no. 3 in Revision No. 69-

35 of 2012-13 (Smt. Kishori Devi Vs. Smt. Janaki Devi and

others).

Stamp Reporter has reported a delay of 1907 days in filing the

petition. There is no explanation for such a delay in

approaching this Court.

A preliminary objection has been raised by learned Standing

Counsel that proceedings under Section 41 of U.P. Land

Revenue Act are summary in nature, against which no writ

petition lies and only remedy left to the petitioners is filing a

regular suit for declaration.

Having heard learned Standing Counsel as well as from perusal

of the records, it appears that proceedings under Section 41 of

the U.P. Land Revenue Act, 1901 are summary in nature as

from the reading of Section 41 (2) (a) it transpir