MEHMOOD KHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present writ petition, petitioner has put to challenge the order dtd. 28/12/2023, passed by Board of Revenue, whereby the revision-petition filed by respondent nos.3 to 6 was allowed and the matter was remanded back to the Additional Commissioner, Kumaon Division, Nainital.

(2.) The facts of the case, which resulted in the filing of the revenue revision by respondent nos. 3 to 6, are that an appeal was filed by the petitioner before the Additional Commissioner, Kumaon Division, Nainital, against the judgment and decree dtd. 24/1/2013 passed by the Assistant Collector, First Class, Kashipur, District Udham Singh Nagar, in Revenue Suit No.22 of 98 of 1991-92, Gulam Hussain & Others vs. Ramesh Chandra & Others.

(3.) Admittedly, the said appeal filed by the petitioner was barred by limitation, and an application for condonation of delay was filed along with the first appeal. The appeal was decided by the learned Additional Commissioner, Kumaon Division, Nainital, vide judgment and order dtd. 29/9/2015. This order was challenged by respondent nos. 3 to 6 by filing a revision petition before the Board of Revenue, registered as Revenue Revision No. 135 of 2015-16, Gulam Hussain & Others vs. Mehmood Kha & Others. The main ground for challenging the judgment and order passed by the First Appellate Court was that the appeal had been allowed by the learned Additional Commissioner without considering the delay condonation application. Therefore, the order was argued to be bad in law, unsustainable, and liable to be set aside. The revision was allowed, and the matter was remanded back to the First Appellate Court by judgment and order dtd. 28/12/2023, which is impugned in the present writ petition.