POORAN SINGH Vs. KESHAR SINGH RAWAT

JUDGEMENT

(1.) By means of present writ petition, petitioners have sought the following reliefs:-

(2.) It is the case of the petitioners that a suit under Sec. 229-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 was instituted before the Court of the Assistant Collector, First Class, Purnagiri, District Champawat, being Case No. 02 of 2015-16, seeking a declaration of bhumidhari rights. Thereafter, the Assistant Collector, First Class framed issues in the case. Subsequently, the petitioners filed an application dtd. 18/1/2021 seeking the framing of additional issues. The said application was rejected by the learned Assistant Collector vide order dtd. 25/11/2019. The petitioners again filed a fresh application dtd. 5/2/2024, which was dismissed on 30/9/2024. Aggrieved by the said order, the defendants preferred a revision, being Revision No. 07 of 2024-25, before the Board of Revenue, Uttarakhand. After hearing both the parties, the learned Board of Revenue dismissed the said revision petition on 23/9/2025. Hence, the petitioners are before this Court.

(3.) Learned counsel for the petitioners submits that the courts below committed a serious jurisdictional error in refusing to frame the additional issues solely on the ground of stage and delay, while ignoring the settled position that an issue touching upon maintainability may be raised at any stage and must be adjudicated before proceeding to the merits of the case. He further submits that the courts below failed to consider that the right to seek the framing of proper issues is integral to a fair trial.