MAN BAHADUR SINGH AND ANOTHER Vs. TAHSILDAR, DALMAU, DISTT. RAE BARELI AND OTHERS

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution. The dispute in this case relates to plot No. 2341 area of which is 25 bighas. At the instance of Gaon Sabha opposite party No. 2 proceedings were started under Sec. 145 of the Code of Criminal Procedure against the petitioners in respect of the aforesaid plot. As the Magistrate was not able to decide the question of possession he made a reference to the Court of Munsif, Rae Bareli as envisaged by Sec. 146 of the Code of Criminal Procedure. The Munsif found that the petitioners were in possession. Accordingly an order of release in the said proceedings under Sec. 145 was passed in favour of the petitioners. Thereafter an application was moved on behalf of opposite party No. 2 before opposite party No. 1 for taking action under sub-section (2) of Sec. 122-B of the U.P. Zamindari Abolition and Land Reforms Act. Opposite party No. 1 issued notice to the petitioners who objected to the proceedings being taken under the aforesaid provision by opposite party No. 1 on the ground that as there existed a dispute regarding a bona fide question of title opposite party No. 1 was not competent to proceed under Rules 115-C to 115-H of the U.P. Zamindari Abolition and Land Reforms Rules. Opposite party No. 1 rejected the objection and decided the dispute in favour of opposite party No. 2 directing that possession be delivered to opposite party No. 2 and further the petitioners should pay Rs. 2,5001/- as damages to opposite party No. 2. A copy of that order is Annexure 1. It is in these circumstances that the present petition is filed for quashing of the aforesaid order Annexure 1.

(2.) The petition is opposed by the opposite parties.

(3.) I have heard learned counsel for the parties.