- (1.) In this case on 08.11.2013 when judgment was reserved, following order was passed on the order sheet: "Heard Shri Pankaj Gupta, learned counsel for the petitioner and Shri Indrajit Shukla, learned counsel for respondent no.4.? Shri Shukla states that interest of other private respondents is exactly same as of respondent no.4 as one of them (respondent no.5) is real brother of respondent no.4 and respondent no. 6 and 7 are also his family members.? Shri Shukla admitted that the writ petition referred to in the impugned order had been decided before the impugned order was passed.? Learned counsel for the petitioner stated that after vacation of stay order possession was taken by the contesting respondents, however, learned counsel for the contesting respondents stated that contesting respondents were in possession since 1999. Judgment Reserved. List/ put up for delivery of order on 13.11.2013."
(2.) Dispute relates to agricultural land comprised in Plot No.802, area 0.69 hectare and plot No.132/2, area 0.43 hectare. Initially the said land was recorded in the revenue record in the name of Ganga. After his death dispute of succession arose. Petitioners claim that firstly they inherited the property and secondly Ganga had also executed an unregistered will in their favour on 07.07.1994. Initially the dispute was litigated in mutation proceedings. Additional Commissioner (Administration), Devi Patan Mandal, Gonda ultimately decided the mutation matter in favour of the contesting respondents No.4 to 7 on 25.01.2008. Revision filed against the same before Board of Revenue, Lucknow was dismissed on 13.10.2011. Review petition was also dismissed. Thereafter, petitioners filed Writ Petition No.144 (M/S) of 2012 in this court. An interim order was passed in the writ petition on 21.02.2012, however during pendency of the writ petition, petitioners also filed regular suit based on title under Section 229-B of U.P.Z.A. & L.R. Act on 15.03.2012. Thereafter, writ petition was dismissed as infructuous on 03.09.2012 in view of filing of the suit. In the suit petitioners filed application for temporary injunction under Section 229-D of U.P.Z.A. & L.R. Act. The trial court/ S.D.O./ Deputy Collector, Tehsil Sadar District Gonda passed status quo order on 11.05.2012 in the suit (Suit No.9/88). However, the status quo order was not extended and a specific order rejecting temporary injunction application was passed on 23.08.2013 by the trial court.
(3.) Against order dated 23.08.2013, petitioners filed Revision No.832. Revision was dismissed on 23.09.2013 by Additional Commissioner (Administration), Devi Patan Mandal, Gonda holding that the revision was not maintainable, hence this writ petition.;