SANGEETA CHANDRA,J. - (1.) This writ petition has been filed praying for quashing of the orders dated 18.09.2018 and 04.10.2017 passed by the Additional Commissioner (Administration) Lucknow Division, Lucknow and Up-Ziladhikari Mahmoodabad, District Sitapur, respectively.
(2.) It has been submitted by the learned counsel for the petitioners that the property in dispute relates to one Singhara Singh s/o Bhan Singh. Gurdeep Singh, the late husband of the petitioner no.1, being the son of Singhara Singh had laid the claim to the property of Singhara Singh, but before he could lay such claim, one Balkar Singh, the real brother of Singhara Singh had got his name mutated in P.A.-11 on 24.12.2003. The late husband of the petitioner no.1 filed a declaratory suit on 31.03.2004 under Section 229-B of the U.P. Z.A. and L.R. Act in the court of Sub-Divisional Magistrate, Mahmoodabad, Sitapur. In the said suit, notice had been given on 19.03.2004 to the Gram Panchayat Surjanpur as well as to the State of U.P. but the suit was filed without waiting for the mandatory period of 60 days. An application under Section 80(2) of the C.P.C. was also filed along with the plaint for giving exemption of notice. The Up-Ziladhikari, Mehmoodabad, Sitapur, considered the urgency and ordered for registering of the case and issued summoned to the defendants (the contesting respondent nos.3 and 4 to this writ petition). The defendants filed the written statement also on 09.08.2004. After written statement was filed raising objection to the maintainability of the suit and also on merits, the suit was dismissed on 22.12.2004 on the grounds of maintainability has having been instituted before the expiry of the prescribed period of notice under Section 106 of the U.P. Panchayat Raj Act and also on merits making certain observations with regard to the alleged misrepresentation by the plaintiff Gurdeep Singh.
(3.) On account of legal advice, Gurdeep Singh again after giving due notice to the State of U.P. under Section 80 of the C.P.C and the Gram Panchayat, Surjanpur under Section 106 of the U.P. Panchayat Raj Act, filed a declaratory suit under Section 229-B of the U.P. Z.A. and L.R. Act on 02.05.2014 in the court of Sub-Divisional Magistrate, Mahmoodabad, Sitapur. The defendants i.e. the respondent nos.3 and 4 herein filed their written statement on 20.11.2014 saying that since on an earlier occasion in the declaratory suit filed by Gurdeep Singh certain observations were made on merits also in the order of dismissal dated 22.12.2004, the second suit was not maintainable.;