DEVENDRA KUMAR ARORA,VIRENDRA KUMAR,J. - (1.) Heard Mr. Pankaj Gupta, learned Counsel for the petitioners, learned Standing Counsel for No. 1 and
(2.) Mr. Indrajeet Shukla, learned Counsel for private respondents. The present special appeal arises out of the judgment and order dated 21.11.2013 passed in writ petition No. 7188 (M/S) of 2013 : Shiv Kumar and others v. Additional Commissioner (Administration), Devi Patan Mandal, Gonda and others , whereby the learned Single Judge disposed of the writ petition with the following directions : "As admittedly contesting respondents are now in possession, it is directed that until decision of the suit, petitioners shall not interfere in their possession. It is further directed that contesting respondents shall deposit Rs.20,000/- per year before the Deputy Collector during the pendency of the suit by the end of each year starting from 2013. If the last day(s) of the year is/are holiday(s) then the deposit must be made before that date(s). The amount shall be deposited in some good interest bearing amount for one year renewable after every year for the same period along with accrued interest and new deposit. Order regarding disbursement of the amount shall be passed at the time of the final decision of the suit. However, both the parties are restrained from alienating the property in dispute till the disposal of the suit. However, before parting it is necessary to note a disturbing feature of the case. In para-12 of the writ petition, it has been mentioned that interim order was cancelled/refused to be extended by the trial court on the recommendation/endorsement of an ex-member of parliament. In that regard, reference has been made to Annexure-10 to the writ petition. It was highly improper for the Ex-Member of Parliament, Sri Kirti Vardhan Singh to make endorsement of favourable recommendation on the application of the petitioner. Greater fault was committed by the Deputy Collector to take that application on record of the case, which was pending before him. It was clearly an attempt to influence judicial proceedings on the part of the Ex-Member of Parliament. The Deputy Collector, who passed the order abused his position and power by passing a judicial order on the recommendation of an Ex-Member of Parliament. Court is of the considered opinion that Executive Officers like S.D.Os. are qualified to hear judicial matters under U.P.Z.A. and L.R. Act. It is directed that in future Sri J.P. Singh, who was S.D.O./Deputy D.M. Sadar, Gonda on 23.08.2013 shall hear any matter under U.P.Z.A. and L.R. Act and an adverse entry must be awarded to him to the effect that he passed the order in the case in question on extraneous consideration. On the basis of the above direction, State Government may initiate such further proceedings against the Deputy Collector concerned as it it considers necessary."
(3.) It appears that 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. Appellants 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. Ultimately, Additional Commissioner (Administration), Devi Patan Mandal, Gonda 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, appellants also filed regular suit based on title under Section 229-B of U.P.Z.A. and 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, appellants filed application for temporary injunction under Section 229-D of U.P.Z.A. and 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 extended and a specific order rejecting temporary injunction application was passed on 23.08.2013 by the trial court.;