Ram Surat Ram (Maurya), J. - (1.) Heard Sri Rama Kant Dixit for the petitioners and Sri Nitin Srivastava for the contesting respondents. The writ petition has been filed against the orders of Sub -Divisional Officer dated 22.8.2015 and Additional Commissioner dated 22.9.2015 by which plaint of the petitioners under Sec. 229 -B of U.P. Act No. 1 of 1951 has been rejected under Order VII, Rule 11(d), C.P.C. and the revision has been dismissed. There were two issues framed i.e. first issue was framed that exemption of notice under Sec. 80 CPC and Sec. 106 of U.P. Panchayat Raj Act, 1947 in the suit and other issue was that the suit is barred under Sec. 34 of U.P. Land Revenue Act. The Court below has rejected the plaint for non -compliance of Sec. 80 C.P.C. and Sec. 106 of U.P. Panchayat Raj Act, 1947 and suit is barred under Sec. 34 of U.P. Land Revenue Act.
(2.) I have considered the arguments of the Counsel for the parties.
(3.) Sec. 34(5) of U.P. Land Revenue Act, 1901 provides that in case report relating to succession or transfer of possession has not been given under Sec. 34 of U.P. Land Revenue Act then no Revenue Court shall entertain the suit. Thus the bar contained under Sec. 34(5) of U.P. Land Revenue Act is fully applicable.;