DEO NAYAK Vs. BOARD OF REVENUE U. P.

JUDGEMENT

(1.) Heard Sri Mohammad Arif Khan, learned Senior Advocate assisted by Shri Mohammad Aslam Khan, learned counsel for the petitioner, Ms. Deepshikha, learned Chief Standing Counsel and Shri Hemant Kumar Pandey, learned Standing Counsel for State-respondents No. 1 to 3, Shri Mohan Singh, learned counsel for Gaon Sabha and Sri Avneesh Kumar Shukla, learned counsel for caveator/Ram Swaroop.

(2.) In view of order proposed to be passed this Court is of the view that no prejudice would be caused to the respondent No. 4, who is the real brother of respondent No. 5/Ram Swaroop and on whose behalf admittedly an application with a prayer to recall of final order dtd. 20/8/2007 passed in the case instituted under Sec. 229-B of Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (in short "Act of 1950") and restore the same to its original number was filed by the respondent No. 5 and to the view of this Court even on appearance the respondent No. 4 would not be in position to dispute the facts and in view of the order proposed to be passed the matter would be heard and decided on merits and accordingly, the notice to respondent No. 4 is dispensed with and with the consent of the Counsel for the parties who are present before this Court this petition is being decided at admission stage.

(3.) By means of the present petition, the petitioner has assailed the order dtd. 7/12/2023, certified copy of which is Annexure No. 15 to the petition, passed by the respondent No. 1/Member (Judicial), Board of Revenue at Lucknow in Case No. REV/1862/ 2023/Sultanpur, Computerized Case No. R20230468001862, (Deo Nayak v. Ram Swaroop). Under challenge is also the order dtd. 28/6/2023, certified copy of which is Annexure No. 14 to the petition, passed by the respondent No. 2/Commissioner, Ayodhya Division, Ayodhya in the Case No. 01296 of 2020, Computerized Case No. C202004000001296 (Ram Swaroop v. Deo Nayak).