RAM KAILASH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD counsel for the petitioner.

(2.) BY this writ petition the petitioner has prayed for a writ, order or direction in the nature of certiorariquashing the proceedings of Revision No. 41 of 1992 Ramshiromaniv. Raj Murat,under Section 218 of the U.P. Land Revenue Act. The counsel for the petitioner has alternatively submitted that a direction be issued to the revisional Court to decide the revision expeditiously. A revision has been filed by Ram Shiromani, i.e.Respondent No. 5 before the Commissioner, Varanasi Division, Varanasi against the order passed by the SubDivisional Officer, Machhli Sahar, in Case No. 16 under Sections 33/39 of the U.P. Land Revenue Act. The Counsel for the petitioner has submitted that the aforesaid revision was filed under Section 218 of the U,P. Land Revenue Act. He has submitted that Section 218 of the U.P. Land Revenue Act has been deleted by U.P. Act No. XX of 1997 hence there is no provision of Section 218 in the statute Book. The Commissioner has no jurisdiction to proceed with the aforesaid revision. The Counsel for the petitioner has submitted that in view of the above the proceedings of the revision be quashed.

(3.) BY U.P. Act No. XX of 1997 provisions of Section 218 of the U.P. Land Revenue Act was deleted and provisions of Section 219 was substituted. Section 219 of the said Act as amended by U.P. Act No. XX of 1997 is quoted below: -