MOHAMMAD GUFRAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Rejoinder-affidavit filed on behalf of the petitioners is taken on record.

(2.) Heard Mr. K.K. Tiwari, learned counsel for the petitioner, Mr. Munna Tiwari, learned counsel for respondent Nos. 5 to 11, Mr. Jitendra Narain Rai, learned Additional Chief Standing Counsel for the State-respondents and Mr. Arun Kumar Pandey for respondent No. 3, Gaon Sabha.

(3.) Brief facts of the case are that petitioner's father filed a suit for partition under Sec. 176 of U.P.Z.A. and L.R. Act in respect to the plot Nos. 245, 284 situated in Village Khauja Kheda and plot Nos. 6, 13, 47, 153, 154, 39 situated in Village Karkheda, Tehsil Tanda, District Rampur. The Trial Court passed the preliminary decree on 21/6/2008 giving one third share to plaintiff- petitioner, defendant No. 1 and defendant No. 2. Against the preliminary decree dtd. 21/6/2008, an application under Order IX Rule 13 C.P.C. has been filed at the instance of the private respondents which was registered as miscellaneous case No. 41@07- 08@08- 09. The aforementioned restoration application was heard and disposed of vide order dtd. 14/9/2009 setting aside the order passed for preliminary decree dtd. 21/6/2008 and restored the partition suit on its original number for decision afresh. Against the order allowing the application under Order IX Rule 13 C.P.C., petitioners filed an appeal before the Commissioner which was registered as Appeal No. 84@2008- 2009 under Sec. 331 of the U.P.Z.A. and L.R. Act. The appeal was heard by Additional Commissioner, Moradabad Division Moradabad and the same was allowed by judgment dtd. 19/2/2010 setting aside the order dtd. 14/9/2009 and affirming the order dtd. 21/6/2008. Against the order dtd. 19/2/2010, private respondents filed a revision before the Board of Revenue which was registered as revision No. 85 of 2009- 2010 under Sec. 333 of U.P.Z.A. and L.R. Act. The aforementioned revision was heard ex parte and the same was allowed setting aside the order of Appellate Court dtd. 19/2/2010 and maintaining the order of Trial Court dtd. 14/9/2009. Petitioners filed a restoration application against the order of the Board of Revenue dtd. 21/2/2023 which has been dismissed vide order dtd. 5/6/2023 hence this writ petition on behalf of the petitioners for the following relief:-