Single judge dismissed a writ petition challenging summary proceedings under the U.P. Land Revenue Survey Rules, observing that regular title proceedings remain available for a declaration suit.
Summary proceedings orders affirmed; petitioner to file civil suit for declaration.
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Court No. - 9
Case :- WRIT - B No. - 55750 of 2012
Petitioner :- Chhote Lal Respondent :- Board Of Revenue And Others Counsel for Petitioner :- Arvind Srivastava,Rudra Pratap Singh
Counsel for Respondent :- C.S.C.,C.K. Rai,K.S. Ojha
Hon'ble Anjani Kumar Mishra,J.
Even in the revised call, none has appeared on behalf of petitioner.
Sri C. K. Rai, counsel for the respondent is present. He has submitted that the present writ petition is directed against the orders passed by the first appellate Court and revisional authority in summary proceedings under Section 26 of U.P. Land Revenue Survey and Record Operation Rules.
The survey Naib Lekhpal passed an order for expunging the name of the petitioner. The order was set aside in appeal and the appellate order has been affirmed by the Board of Revenue by dismissal of the revision filed by the petitioner.
It is also submitted by counsel for the respondents that two civil suits filed by the petitioner have also been dismissed. It is next submitted that despite a stop order, no rejoinder affidavit has been field.
However, since the orders impugned have been passed in summary proceedings, which are always subject to orders passed in regular title proceedings, this Court does not consider it necessary to keep this writ petition pending.
It is dismissed with the observation that petitioner, in case, so advised may sue for a declaration in his favour.
Order Date :- 12.10.2020 AKT
1 issue framed by the court
Whether to keep the writ petition pending or still apply section 26 of U.P. Land Revenue Survey and Record Operation Rules in summary proceedings.
1 provisions across 1 enactments
Chhote Lal
Board Of Revenue
Anjani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
