KALINDI DEVE CHANDRA SHEKHAR SINGH Vs. BOARD OF REVENUE ADDITIONAL COMMISSIONER GORAKHPUR DIVISION PRITHVI CHAND

JUDGEMENT

(1.) Impugned herein are the orders dated 31.3.2005 and 28.2.2005 passed by Board of Revenue, U.P. Allahabad.

(2.) I have heard learned counsel for the petitioner and also learned Standing counsel as well as learned counsel representing the Gaon Sabha,

(3.) It would appear from the record that to begin with, petitioner instituted a suit under Section 229 B of the U.P.Z.A. & L.R. Act which culminated in a decree passed by Sub Divisional Officer, Tamkuhiraj District Kushinagar pursuant to compromise dated 11.9.1980 between petitioner and Hari Kishan. Subsequently, a restoration application was filed by Prithivi Chand urging the ground that his father who was alleged to have been signatory to compromise dated 11.9.1980 had already expired on 20.3.1980 and he also submitted death certificate issued by Town Area Sevarhi which testified the death of Hari Kishan on 30.3.1980. The aforesaid restoration application was rejected as time barred vide order dated 25.1.2002 and consequently, Prithvi Singh filed an appeal before the Addl. Commissioner (Judicial) Gorakhpur which was initially dismissed by order dated 30.9.2004 but subsequently, it was allowed on a review vide order dated 19.10.2004 by which the orders dated 25.1.2002 and 30.9.1980 passed by Sub Divisional Officer were set aside. Aggrieved by the order, a second appeal was preferred before the Board of Revenue, which was also dismissed. It is in the above backdrop that the present second appeal has come to be filed in this Court.