BABULAL PANDEY Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri Sachida Nand Tripathi, counsel for the petitioner, Sri Sudhanshu Pandey, counsel for the respondent no. 14 and learned standing counsel for the state-respondent.

(2.) The brief facts of the case of the petitioner filed a case under Sec. 34 of U.P. Land Revenue Act, the Tehsidar vide order dtd. 20/12/2002 ordered to record the name of petitioner along with contesting respondents as legal representative of deceased Ram Singar. Agaisnt the order dtd. 20/12/2002 contesting respondents filed restoration application, which was dismissed vide order dtd. 10/9/2003. Contesting respondents challenged the order dtd. 10/9/2003 in appeal, the appellate court allowed the appeal vide order dtd. 24/5/2004 accordingly, petitioner challenged the appellate order in revision, which was dismissed vide order dtd. 30/10/2012. Petitioner challenged the orders through Writ-C No. 7735 of 2013 before this Court, which was disposed of vide order dtd. 1/7/2019 with direction that petitioner's second appeal pending before Board of Revenue arising out of suit under Sec. 229-B of U.P.Z.A. & L.R. Act be disposed of within a period of three months and interim protection was granted for the period of three months. Petitioner filed a suit under Sec. 229-B of U.P.Z.A. & L.R. Act for declaration in respect of disputed plots on 8/5/2005 after the order allowing appeal of respondent passed on 24/5/2004 arising out of proceeding under Sec. 34 of U.P. Land Revenue Act, the trial court vide judgement dtd. 16/11/2007 dismissed the suit filed by the petitioner as not maintainable without framing issues. Petitioner filed appeal which was dismissed vide judgement dtd. 30/10/2012. Petitioner filed second appeal before the Board of Revenue, which was also dismissed vide judgement dtd. 20/11/2019, hence this writ petition on behalf of petitioner. One suit for partition being suit no. 806 of 2012 filed by contesting respondents in respect of residential house is pending in civil court, in which petitioner was impleaded by the court.

(3.) This court while entertaining the writ petition has passed detailed interim order dtd. 1/10/2021 which run as follows:-