HARISH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri. Buddha Prakash for the petitioner and Sri. Ashok Kumar Chaubey for the contesting respondents. Notice on behalf of respondents -1 to 4 has been accepted by the Chief Standing Counsel and on behalf of respondent -5 has been accepted by Sri. R.C. Upadhyay.

(2.) IN the facts of the case the contesting respondents do not propose to file counter affidavit.

(3.) JOGINDRA and Surendra, respondents -6 and 7 filed an application (registered as Case No. 10 of 2003) under section 198(4) of U.P. Act No. 1 of 1951 for cancellation of patta dated 2.2.1990. Amongst other grounds one of the grounds raised by the respondents was that the land in dispute had already been allotted to them by the Land Management Committee on 27.8.1989 and they were given possession over it as such subsequent allotment was illegal. The case was registered by the Collector and transferred to Additional Collector, Ballia, who by the order dated 30.12.2006 condoned the delay under section 5 of the Limitation Act on the costs of Rs. 100/ -. The petitioner filed a revision (registered as Revision No. 65/B) from the aforesaid order which was allowed by the Commissioner by judgment dated 23.11.2007. Although the Commissioner in the judgment dated 23.11.2007 found that the patta was granted on 2.2.1990 and the application for cancellation of the patta was filed on 3.10.2003 as such it was highly time barred and the Collector has not considered the issue relating to limitation, but the Commissioner himself has not gone into the issue relating to limitation and dropped the proceeding by allowing the revision. The order of the Commissioner was challenged in Revision No. 136 of 2007 -08 before the Board of Revenue, which has been allowed by the Board of Revenue by the impugned order dated 2.1.2014. Hence this writ petition has been filed.