CHARAN SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Vishal Khandelwal, Shri Harsh Vikram, Shri Gaurav Singh and Shri Bhuvnesh Kumar Singh, learned counsel for the petitioners in all the connected writ petitions and Shri Neelabh Srivastava, Shri Sudhanshu Pandey, Shri Mohd. Zaid, learned counsel for the private respondents in all the connected writ petitions, Shri S.N. Srivastava learned Additional Chief Standing Counsel and Shri Krishna Kant Singh, learned counsel for the Gaon Sabha.

(2.) The instant reference to the following effect has been placed before us by Hon'ble the Chief Justice. The issue raised in the reference is reproduced herein below for the sake of clarity: "Whether when Sec. 231 of the Code specifically states that only such proceedings which were pending before the commencement of the Code would be decided in accordance with provisions of the law under which those proceedings were filed then would an Appeal or Revision against the orders/judgments/ decrees which would be passed in those proceedings be governed by the previous enactment i.e. the U.P. Zamindari Abolition and Land Reforms Act, 1950 or by the provisions of the U.P. Revenue Code, 2006."

(3.) In the instant petition, the order under challenge was passed in a revision filed by the applicants against the judgment and decree dtd. 19/8/2014 passed in a suit filed under Sec. 229B of the U.P. Zamindari Abolition & Land Reforms Act, 1950 (hereinafter referred to as 'the U.P. Z.A. & L.R. Act, 1950) and on specific query by the Court from the petitioners' counsel about the maintainability of the revision on in contrast to the remedy of appeal available under Sec. 207 of the U.P. Revenue Code, 2006 wherein a party aggrieved by the final decree passed in any suit specified in Column-II of the 3rd Schedule appended with the U.P. Revenue Code, 2006 could have filed, the learned counsel had taken recourse to the provisions of sec. 333 of the U.P. Z.A. & L.R. Act, 1950.