Babua Singh v. Prakash, Shachi

Srivastava Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J.

Sri Chetan Prakash, learned counsel appearing for respondent nos.1 & 2 states that he does not want to file counter affidavit, therefore the case has been taken up.

This writ petition has been filed challenging the order dated

20.3.2021 passed by District Judge, Chandauli as well as order dated 19.12.2017 passed by Civil Judge (J.D.) Chakiya, Chandauli. By the orders impugned Issue No.5 has been decided holding the suit to be maintainable and rejecting the objection of the defendants that the suit is not maintainable in view of Section 331 of the U.P. Zamindari Abolition and Land Reforms Act, 1950.

It has been contended by learned counsel for the petitioner that plaintiff no.2 for whom the relief has been sough is not a recorded tenure holder and the claim of the plaintiff no.2 is based on a sale deed executed in his favour by plaintiff no.1 who is the recorded tenure holder of the land.

The relief sought in the suit is of a permanent injunction as well as demolition. The trial court has held that the suit for demolition as well as for injunction is maintainable before the 2 A227 No. 2902 of 2021 civil court and not before the revenue court. The revision against the said order has also been dismissed.

No illegality has been committed by the court below in deciding the issues.

The writ petition lacks merit and is accordingly dismissed. September 9, 2025 S. Singh (Manish Kumar Nigam,J.) SAVITA SINGH SAVITA SINGH High Court of Judicature at Allahabad High Court of Judicature at Allahabad