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2019 DIGILAW 551 (ALL)

Babu v. Mahabir

2019-02-28

D.K.UPADHYAYA

body2019
JUDGMENT : D.K. Upadhyaya, J. 1. Pursuant to the order dated 21.2.2019 passed by this Court, respondent No. 5-Sri Jai Prakash, the then Sub-Divisional Officer, Malihabad, Lucknow is present before the Court. When his attention was drawn to the observations made by this Court in its order dated 21.2.2019, he has been candid in his admission that the suit decided by him vide his judgment and order dated. 28.1.2019 could not be decided in the manner in which he decided the same. He has further submitted that the proceedings drawn under section 229-B of U.P. Z.A.& L.R. Act are regular proceedings where declaration of rights is sought and as such, these matters could not be decided in cursory and summary manner. Sri Gulam Ali Rashidi, Advocate has put in appearance on behalf of respondent No. 1. Heard learned Counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Yogendra Nath Yadav, learned Counsel for Land Management Committee concerned and have perused the record. 2. The manner in which the suit instituted by the respondent No. 1 under section 229-B of U.P. Z.A. & L.R. Act has been decided by the impugned order dated 28.1.2019 cannot be appreciated. The Trial Court has neither framed issues nor has provided any opportunity of leading evidence to the parties to prove their respective cases. The provisions contained in Code of Civil Procedure has been given a go bye. 3. As already observed above by the Court in its order dated 21.2.2019, the proceedings under section 229-B of U.P.Z.A & L.R Act are regular proceedings where declaration of rights in a holding is decided on the basis of evidence. 4. Learned Counsel for respondent No. 1 has also not been able to defend the impugned order; rather he appears to agree that the matter ought to have been remanded to the Sub-Divisional Officer concerned. 5. For the aforesaid reasons, this petition is allowed and the judgment and order dated 28.1.2019 passed by the Sub-Divisional Officer, Malihabad, Lucknow in Computerized Case No. T201810460101621; Mahavir v. Babu and others, under section 229-B of U.P. Z.A & L.R. Act, as is contained in Annexure No. 1 to the writ petition, is hereby quashed. 6. The Sub-Divisional Officer is directed to decide the suit afresh in accordance with law and also by following the procedure as prescribed under the provision of the Code of Civil Procedure. 6. The Sub-Divisional Officer is directed to decide the suit afresh in accordance with law and also by following the procedure as prescribed under the provision of the Code of Civil Procedure. The Sub-Divisional Officer shall expedite the proceedings of the suit and conclude the same within a period of six months from the date of production of a certified copy of this order. 7. It is further directed that parties to the suit pending before the Court below shall not seek any unnecessary adjournment and adjournment if prayed for will be permissible to be granted by the Presiding Officer only in exceptional circumstances. 8. Since parties to the suit before the Sub-Divisional Officer are represented by their respective Counsel before this Court in the proceedings, it is directed that the parties shall appear before the Sub-Divisional Officer concerned on 13.3.2019 and will file certified copy of this order whereupon the Sub-Divisional Officer shall proceed with the suit. 9. It is made clear that no further notice shall be required to be served on the parties in the proceedings before the Sub-Divisional Officer concerned.