VAN VIBHAG Vs. SHIKSHA PRASAR SAMITI LALAPUR ETC.

JUDGEMENT

(1.) THIS is a second appeal preferred against the judgment and decree passed by learned Additional Commissioner Allahabad vide order dated 30-1-1997 arising out of a suit under Section 229-B of the U.P.Z.A. and L.R. Act heard and decided by S.D.O. Bara District Allahabad vide order dated 22-12-1995.

(2.) BRIEFLY stated the facts of the case are that a declaratory suit under Section 229-B of the U.P.Z.A. and L.R. Act was instituted in respect of land detailed down at the foot of the plaint by Shiksha Prasar Samiti Lalapur District Allahabad with the contentions that the land in dispute was wrongly entered in the name of Forest Department due to clerical mistake and on being noticed proceedings under Section 33/39 of the U.P. Land Revenue Act started before S.D.O. Karchana which stood decided in favour of the plaintiff-respondent on 27-6-1964; that due to fault on the part of the revenue officials the order dated 27-6-1964 could not be implemented and an application for Amaldaramad was made before S.D.O. Karchans on 5-5-1977 which stood rejected vide order dated 12-10-1979 holding that the application for amaldaramad was moved after 15 years of order dated 27-6-1964. Against the order dated 12-10-1979 a revision was preferred before the Commissioner Allahabad Division, Allahabad and the learned Additional Commissioner made a reference on 28-10-1980 and the Hon'ble Board of Revenue did not accept the learned Additional Commissioner's recommendation for making amaldaramad dated 27-6-1964 vide order dated 31-3-1990 whereby it was held by Hon'ble Board of Revenue that the question of title was involved in the matter and it can only be decided by a competent Court. It is hence after that the instant declaratory suit was instituted on 9-10-1991 wherein a prayer has been made for declaring the plaintiff-respondent as bhumidhar of the land in suit and struck off the name of the defendant-appellant Forest Department.

(3.) I have heard the learned Counsels for the parties at length and have gone through the relevant papers on record.