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SANJAY KUMAR & OTHERS versus COMMISSIONER, KANPUR DIVISION, KANPUR & OTHERS

High Court of Judicature at Allahabad

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Sanjay Kumar & Others v. Commissioner, Kanpur Division, Kanpur & Others - WRIT - C No. 14330 of 2006 [2006] RD-AH 5798 (9 March 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.40

Civil Misc. Writ Petition No. 14330     of 2006

Sanjay Kumar and others                  .....................................................Petitioners  

  Vs.

Commissioner, Kanpur Division, Kanpur and others...............................     Respondents

Hon'ble S.N.Srivastava.,J.

This petition arises out of the proceedings under section 34   of the U.P. Land Revenue Act. It would transpire from the record that a minor dispute relating to correction/mutation in the revenue record, escalated in proceedings which travelled upto the stage of commissioner and resulted in passing of the orders impugned in this petition including the orders passed by appellate as well as revisional authorities. The main plank of the grievance of the petitioner is that the authorities have not appraised the evidence and consequently merits of the case in its proper perspective.

I have heard learned counsel for the petitioners and also the learned counsel representing the Opp. parties. Since elaborate arguments have been canvassed at the very threshold, I feel, that the petition should be decided in limine.

The law is well settled that orders passed by the revenue authorities in proceedings under sections 33,34,35 and 39 of the Land Revenue Act wear the badge of an order stemming from summary proceedings and by this reckoning, the petition impugning orders passed in proceedings under section 33,34,35 and 39 of the Land Revenue Act is not maintainable. The view I am taking receives reinforcement from the ratio flowing from decisions in Jaipal v. Board of Revenue and others , Lekh Raj and another v. Board of Revenue and others , Bahori Lal and others v. Board of revenue and others , Brahma Deo and others v. Board of Revenue and another  and Ram Narain and others v. D.D.C.and others .

Section 40 A of the U.P. Land revenue Act may also be referred to bolster up the aforestated view. For convenience sake section 40 A is abstracted below.

"Saving as to title suits- No order passed under Section 33, Section 35, Section 39, Section 40, Section 41 or Section 54 shall bar any suit in a competent court for relief on the basis of a right in a holding."  

The quintessence of the decisions cited above and the provisions of Section 40 A boils down for the view that orders emanating from proceedings having complexion of summary proceedings and arising out of Sections 33,34,39,40, 41 and 54 of the Act shall not bar any suit in a competent court for the adjudication of a right of a person.  

In the above conspectus, petition is dismissed on ground of alternative remedy of suit.

Before parting, it may be observed by way of clarification that petitioners would be at liberty to institute a suit in a court of competent jurisdiction (Civil or Revenue) for obviation of their   grievances and for establishing their  rights and title, if any. It needs hardly be said that in case any question of limitation comes into play, petitioners  shall be entitled to claim benefit of section 14 of the Indian Limitation Act for the period the impugned proceedings lingered for decision in the forum other than the court of competent jurisdiction (Civil or Revenue).

Dated : 9.3.06

SU

Group-C


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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