Sanjay Misra - (1.) -Heard Sri D.S.P. Singh, learned counsel for the petitioners.
(2.) THE petitioners are aggrieved by the order dated 10.7.1998 passed by the Revenue Officer in a Suit under Section 229B of the U.P.Z.A. & L.R. Act as also the appellate order dated 21.4.2007 passed by the Additional Commissioner, Agra Division, Agra, in Appeal No. 24 of 1997-98 filed under Section 331(3) of the U.P.Z.A. & L.R. Act. Learned counsel for the petitioner has submitted that the impugned orders have illegally directed the petitibners to approach the Civil Court for the rights claimed by them in the suit and that suit is not maintainable under Section 229B of the U.P.Z.A. & L.R. Act. Learned counsel for the petitioners has referred to Section 229B of the Act to state that when a declaration is sought relating to agricultural land the suit would be maintainable under Section 229B of the Act and further that there is a bar under the Act of the jurisdiction of the Civil Court with respect to agricultural land invoived in the present proceedings.
(3.) HAVING considered the submission of learned counsel for the parties and perused the record the plaint has been filed as Annexure No. 3 to the writ petition. The prayer made in the plaint is quoted hereunder: JUDGEMENT_854_ADJ8_2010Image1.jpg JUDGEMENT_854_ADJ8_2010Image2.jpg A perusal of the plaint indicates that the petitioner in a suit under Section 229B of the U.P.Z.A& L.R. Act has sought a declaration that he be declared to be Sarvakar of Thakurji Maharaj Kookamai after deletion of Renuka Maurya and Sri Anil Kumar. The claim is on the basis of a waqfnama and hence the entries made in the revenue records in favour of those persons be cancelled and the petitioners name be recorded.;