BHAGWANTA Vs. BOARD OF REVENUE,U.P.

JUDGEMENT

(1.) Heard Sri Ram Singh, learned counsel for the petitioners, Sri Bhupendra Kumar Tripathi, learned counsel for the respondent no. 3 and learned Standing Counsel.

(2.) Through this writ petition, the petitioners have prayed for issuing a writ of certiorari quashing the order dated 15.5.2001 passed by learned Member Board of Revenue in Restoration Application No.70 of 2000-2001 in Review Application No. 30 of 2000-2001 in Revision No. 41 of 1997-1998.

(3.) The Revision No. 41 of 1997-1998 was filed before the Board of Revenue against the judgment and order dated 29.1.1998 passed by the Additional Commissioner Jhansi Division Jhansi in Appeal No. 114/137/96-97. The revision before the Additional Commissioner was filed by the present petitioners against the order dated 8.5.1997 passed by the Sub-Divisional Officer, Ataraa, District Banda by which the proposal to grant lease was not accepted. The aforesaid revision was dismissed on 29.1.1998. Challenging this order, the petitioners have filed Revision No.41/97-98 before the Board of Revenue. The said revision was allowed on 10.1.2001. The respondents, herein, has filed Review Application No. 302000-2001 for reviewing the order dated 10.1.2001. The said review application was rejected on 12.4.2001. Thereafter, the respondent, herein, has filed Restoration Application No. 70/2000-2001. In the said restoration application, impugned order has been passed. For appreciation, the order passed by learned Member Board of Revenue is reproduced hereinunder :-