SRI MAHABIRJI Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) THIS writ petition is directed against the order of the Board of Revenue dated 13th January, 1975 whereby the case has been remanded to the Demarcation Officer with the direction that he should submit his report or comments to the Demarcation Commissioner on the objection and also on the application under section 5 of the Indian Limitation Act for his orders. Aggrieved by the aforesaid order, the petitioner has approached this Court under Article 226 of the Constitution.

(2.) SHORN of unnecessary details, it appears that opposite-party no. 3 in the present writ petition claimed the disputed land as his tenancy land but the same has been indicated as non-agricultural area under the provision of U. P. Urban Areas Zamindari Abolition and Land Reforms Act. The opposite party no. 3 had filed an application alongwith a prayer for condonation of delay in preferring the application under section 4, sub-clause (3) of the U. P. Urban Areas Zamindari Abolition and Land Reforms Act. The Demarcation Officer through his order dated 22nd June, 1970, contained in Annexure T attached with the writ petition, dismissed the objection on the ground of limitation. Against that order, the contesting opposite-party had approached the opposite party no. 1, which remanded the case to the Demarcation Officer for submitting his report and comments to the Demarcation Commissioner on the objection as well as on the application under section 5 of the Limitation Act.

(3.) I have considered the contentions raised on behalf of the parties. In order to appreciate the contentions raised, it is proper to quote section 31 of the Rules which reads as under :- Section 4 (3). Section 86 (2) (in)-