NATHUNI SINGH Vs. BOARD OF REVENUE AND OTHERS

JUDGEMENT

(1.) LEARNED counsel for the petitioner is permitted to implead the Collector, Deoria as respondent no.4 during course of the day on whose behalf notice has been accepted by the learned standing counsel.

(2.) THE present writ petition arises out of proceedings for correction of records under Section 33/39 of the U.P.Land Revenue Act, 1901. At first flush the proceedings may appear to be simply summary and the petitioner may have a remedy of still contesting the matter before the Sub Divisional Magistrate, Deoria, where the matter is pending, yet in the back ground of the case and the peculiar circumstances that have been narrated, this prima facie appears to be an abuse of the process of the system and an inappropriate excuse by the Revising Authority to nullify the impact of the judgment and decree of the civil court that has been affirmed up to the Supreme Court.

(3.) THIS Court wants to know from the Sub Divisional Magistrate and the Collector, Deoria as to under what circumstances now an inquiry is being made through the impugned order once the respondent no.3 himself abandoned his claim thereby rendering the order dated 13.9.2010 passed by the Bord of Revenue final.