RAM CHANDRA Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Standing Counsel.

(2.) The writ petition has been filed challenging the order dated 13.01.1994 passed in Review Application moved by the State, whereby the review was allowed setting aside the order dated 08.06.1993 and the order dated 15.05.1992 of the Additional Commissioner and remanded the matter back to the opposite party no.3 for deciding afresh on merit.

(3.) The facts of the case in brief are that the petitioner was allotted patta with sirdari rights in the year 1969 on a land which was ear-marked as Khalihan. On the basis the patta the name of the petitioner was entered in the consolidation proceedings in the year 1980. Against the order of the consolidation officer the Gaon Sabha had filed an appeal before the Settlement Officer Consolidation in the year 1985. The said appeal was rejected by the Settlement Officer Consolidation in the year 1985. It was thereafter that in the year 1989 the Pradhan of the village made a complaint against the allotment of lease to the petitioner and cancellation of the same. The application of Pradhan filed under Section 198(4) of the U.P.Z.A. Act was rejected by order dated 18.10.1989 of the Additional Collector, Barabanki. Against this order a revision was filed under Section 333 of the U.P.Z.A. & L.R. Act before the Commissioner. The learned Commissioner while considering the revision made a reference to the Board of Revenue by order dated 15.05.1992 with a request to issue direction for the trial court to decide the matter afresh, in case it is required. The said reference was rejected by order dated 08.06.1993 on the ground that the patta was allotted on 12.05.1969 and on that basis the order was passed by the Consolidation Officer on 22.02.1980, by which the name of son-in-law of Ram Prasad was entered in the consolidation records. The appeal preferred against the said order by the Gaon Sabha was also rejected. It appears that thereafter the State as well as Gaon Sabha filed the review petition, which was allowed by the impugned order.