LAWS(ALL)-2014-7-101

RUBBY KESHARWANI Vs. BOARD OF REVENUE

Decided On July 09, 2014
Ruby Kesharwani Appellant
V/S
BOARD OF REVENUE Respondents

JUDGEMENT

(1.) HEARD Sri R.S. Parihar, learned Counsel for the petitioner, learned Standing Counsel appearing for the State -respondents and learned Counsel for the Gaon Sabha. The petitioner happens to be the daughter of late Kamal Chandra Kesharwani.

(2.) THIS writ petition has been filed with the prayer for issuing a writ of certiorari quashing the order dated 20.8.2013 passed by the Board of Revenue in revision No. 147 (LR) of 2001 -02 (Amar Nath v. Bhal Chandra and others), order dated 27.4.2002 passed by the Sub Divisional Officer, Phoolpur, Allahabad in Appeal No. 70/50/20 (Ram Pratap v. Kamal Chandra) and order dated 28.4.1986 passed by the Naib Tehsildar in mutation case No. 511.

(3.) LEARNED Counsel for the petitioner, while assailing these orders, contends that the Appellate Court as well as Revisional Court both have erred in dismissing the appeal and revisions. In his submissions, the vendor had filed a highly time barred appeal after 16 years of the impugned order in the appeal, which could not be condoned without there being sufficient explanation, which is absolutely lacking. He also submits that at the appellate stage, the other side has given a U -turn by stating that he does not belong to scheduled caste, whereas he himself has executed the sale deed knowing it well that he is scheduled caste.