SHAMUN KHAN AND OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT., LKO. AND OTHERS
WRIC/8700/2025 · 2025-09-16
Manjive Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162609 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162609 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8700 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J.
1. Heard Shri Vivek Kumar Verma, learned counsel appearing for the petitioners, learned Standing Counsel for Respondents No. 1 & 2.
2. In view of the order proposed, issuance of notice to Respondents No. 3 and 4 is dispensed with.
3. Learned counsel appearing for the petitioners has contended that the petitioners have filed a suit under Section 229-B of the U.P. Z.A. & L.R. Act, 1950 for declaration of their 'bhumidhari' rights in the land subject matter of the dispute and private respondents herein have filed a suit under Section 134 of U.P. Revenue Code, 2006 for eviction of petitioners from the land in question.
4. Learned counsel appearing for the petitioners has argued that the Respondent No. 2 though is hearing both the suits together, but is intending to decide the suit for eviction first, and if that is allowed to be done, the petitioners shall be adversely affected.
5. Learned Standing Counsel on the basis of instructions received from Respondent No. 2 has submitted that both the suits are being heard together and naturally, both the suits shall either be decided together or the suit for declaration shall be decided first.
6. I have considered the arguments advanced by the learned counsels for the parties and I find that once the suit for declaration is being heard along Versus Counsel for Petitioner(s) : Vivek Kumar Verma, Shalini Gupta Counsel for Respondent(s) : C.S.C., Mohan Singh Shamun Khan And Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt., Lko. And Others .....Respondent(s)
with suit for eviction, then naturally, either both the suits are to be decided together or the suit for declaration is to be decided first.
7. In view of the aforesaid reasons, this writ petition is finally disposed of with a direction to Respondent No. 2 to either decide both the suits i.e. suit for declaration under Section 229-B of U.P. Z.A. & L.R. Act, 1950 and suit for eviction under Section 134 of U.P. Revenue Code, 2006, together or the suit for declaration be decided first. September 16, 2025 Lokesh Kumar WRIC No. 8700 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench