- (1.) Heard learned counsel for the petitioners and learned Standing counsel for the State-respondents. At the very outset, counsel for the petitioners has stated that a counter affidavit has been served upon him in court today. He therefore, may be granted time to file rejoinder affidavit.
(2.) However, looking into the facts of this case, this Court is ignoring the counter affidavit and for the same reason not granting any time to filing rejoinder affidavit. Challenge in this writ petition is to an order passed by the trial Court in a declaratory suit under Section 229B of the U.P. Zamindari Abolition and Land Reforms Act, filed by the petitioner, claiming bhumidhari rights over plot no.576 area 0.166 biswa, situated in village Parigawa, Pargana Naugarh, Tehsil Shohratgarh, District Siddharth Nagar.
(3.) This suit was dismissed on 22.09.2013. The petitioner filed an appeal, which has been dismissed by the Commissioner, Basti on 24.01.2019. The petitioner is claiming bhumidhar rights over the plot in question, which is manifestly a pond. He claims on the basis of a fisheries lease granted in favour of his father in the year 1988.;