SHASHI KANT Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Ms. Jyoti Giri, learned counsel for the petitioners, Sri Shyam Lal Yadav / Sri Aprajit Yadav, learned counsel for respondent Nos. 5 and 6, the learned standing counsel for the State-respondents and Mr. Pradeep Singh for respondent No. 3/Gram Panchayat.

(2.) Brief facts of the case are that suit under Sec. 229-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the "U.P.Z.A.&L.R. Act") was filed by Ramdei (mother of respondent Nos. 5 and 6) under Sec. 144 of the U.P. Revenue Code, 2006 in respect to plot No. 195M, area 0.384 hect., situated at village Gopalpur Taluka Kodh, Pargana Bhadohi, Tahsil Gyanpur, District Bhadohi impleading one Mridula Devi, Gram Panchayat and state as defendants. The aforementioned suit was decreed in ex parte manner vide judgment and decree dtd. 25/8/2020 for recording the name of respondent Nos. 5 and 6 over plot No-195 M area 0.293 hectare. Against the judgment and decree of the trial court dtd. 25/8/2020 recall/restoration application dtd. 22/7/2021 along with prayer for condonation of delay supported with affidavit was filed by the petitioners (Sons of Mridula Devi) which was allowed vide order dtd. 31/12/2021. Against the order dtd. 31/12/2021, Revision No. 82/2022 was filed by respondent Nos. 5 and 6 before respondent No. 2/Board of Revenue under Sec. 210 of the U.P. Revenue Code, 2006 which has been allowed in part vide order dtd. 13/4/2022 setting aside the order dtd. 31/12/2021 and remitting the matter back before the trial court to decide the restoration as well as delay condonation matter afresh. Hence, this writ petition against the order dtd. 13/4/2022, passed by respondent No. 2/Board of Revenue, U.P at Allahabad.

(3.) This Court entertained the matter on 13/5/2022 and granted interim protection in the matter.