SHIV AVTAR Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THIS writ petition arises out of the suits filed by the respondents against the present petitioners way -back in the year 1979 under Section 209 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act. There were two suits filed by the respondents against the present petitioners, who were the defendant in the said suits. The first suit being Suit No. 22/6 of 1979 -80 was for ejectment and possession on the property regarding area of land comprising 0.11 acre at khasra No. 348 and the second suit being Suit No. 22/4 of 1980 -81 was regarding the land measuring 0.02 acre at khasra No. 348 which was filed before the Assistant Collector, First Class, Kashipur. The plaintiffs/respondents claim rights on the said land on the basis of recorded revenue entries. The suits of the plaintiffs/respondents were dismissed by the trial court. Aggrieved, the plaintiffs/respondents filed an appeal before the Court of Commissioner, Kumaon Division. The Appeal was allowed and the suit was decreed. The present petitioners being defendants in the said suit filed a Second Appeal before the Board of Revenue, which was dismissed by the Board of Revenue on 31.8.1995. It must be stated that in the revenue matters, the last court of appeal is the Board of Revenue which had pronounced a judgment in favour of the plaintiffs/respondents and against the defendant/petitioner vide order dated 31.8.1995.

(2.) CONSEQUENTLY , the petitioners moved a review application being Review Application No. 30 of 1995 -96. This review petition was dismissed on 17.1.1996. Subsequently thereafter, a restoration application being Restoration Application No. 57 of 1996 was field by the present petitioners on 29.1.1996 to set aside the order dated 17.1.1996 which was dismissed in default on 16.12.1996. Against the order dated 16.12.1996 another Restoration Application was filed being Restoration Application No. 26/1997 by the petitioners which was again dismissed in default on 10.3.1997. Thereafter against the order dated 10.3.1997, a third restoration application was filed which was dismissed on 18.8.1997. Thereafter, the petitioners kept on filing 4th, 5th, 6th and 7th restoration application which was dismissed again on 26.3.1999, 30.10.2000, 25.5.2002 and 26.8.2002 respectively.

(3.) ANOTHER fact which must be stated at this juncture that in Writ Petition No. 383 of 2003 all the petitioners had sought was for setting aside the order dated 26.8.2002 passed by the Chief Revenue Commissioner, Uttarakhand. There was no prayer to set aside the order dated 31.8.1995 passed by the Board of Revenue, Allahabad and this is the preliminary objection of the counsel for the respondents that even for the sake of argument, if the liberty was given to the petitioner the liberty would be only to the extent of filing the writ petition challenging the order dated 26.8.2002 passed by the Chief Revenue Commissioner, Uttarakhand. Nevertheless, after withdrawing the said writ petition, the petitioner has filed the present writ petition in the year 2007 with the following prayers: