Court No. - 7

Case :- WRIT - B No. - 1813 of 2020

Petitioner :- Sukhram

Respondent :- Board Of Revenue And 4 Others

Counsel for Petitioner :- Rajesh Kumar Singh,Ashwani

Kumar Mishra

Counsel for Respondent :- C.S.C.,Azad Rai

Hon'ble Siddhartha Varma,J.

Supplementary affidavit filed today be kept on record.

The petitioner had filed a suit under Section 229B of the U.P.

Zamindari Abolition & Land Reforms Act, 1950, on

24.12.2013. Thereafter, some report etc. were taken and

ultimately the Suit came up for hearing and was dismissed by

the Sub Divisional Officer on 18.6.2018. Dismissal was

essentially on the ground that the Suit was not maintainable

under Section 229B of the U.P.Z.A.& L.R. Act, after the

commencement of the U.P. Revenue Code, 2006. Thereafter,

the First Appellate Court and the Second Appellate Court also

dismissed the Appeals saying that the suit was not maintainable

under Section 229B of the U.P.Z.A.& L.R. Act after the

commencement of the U.P. Revenue Code, 2006. Certain

observations on merit were also made.

The contention of the learned counsel for the petitioner is that

when the Suit itself was filed on 24.12.2013, the provisions of

the U.P.Z.A.& L.R. Act were applicable and, therefore, there

was nothing wrong in mentioning that the Suit was filed under

Section 229B of the U.P.Z.A.& L.R. Act.

Further, it has been submitted by the learned counsel for the

petitioner that the U.P. Revenue Code,2006, commenced only

after it was notified on 11.2.2016 and, therefore, the provisions

of the U.P.Z.A. & L.R. Act alone would apply. It was also

argued that as per Section 230 of the Code, suits which were

filed before the commencement of the U.P. Revenue Code,

2006, would be decided in accordance with the law which

prevailed prior to the date of commencement.

Learned counsel for the Gaon Sabha, Sri Azad Rai, however,

opposed the argument of the learned counsel for the petitioner

and submitted that since the suit was decided in the year 2018

the same was not maintainable and, therefore, the Court below

rightly dismissed the suit.

Having heard the learned counsel for the parties, I am of the

view that when the Suit was filed on 24.12.2013 then it was

rightly filed under Section 229B of the U.P.Z.A.& L.R. Act. The

Court below ought to have entertained and decided the suit as

per the law which was prevailing before the commencement of

U.P. Revenue Code, 2006.

Further, I am of the view that the findings which have been

given in the orders on merit also were not sustainable as the

Courts below had found the suit itself was not maintainable.

Under such circumstances, the order dated. 18.6.2018 passed by

Sub Divisional Magistrate, Khurja, the order dated 13.8.2018

passed by the Additional Commissioner Administration III and

the order dated 13.3.2020 passed by the Board of Revenue

Circuit Court -1, Meerut, are set aside.

The original suit which the petitioner had filed shall be restored

to its original number and shall be heard and decided in

accordance with law.

With these observations, the writ petition stands allowed.

Order Date :- 21.1.2021

PK