ASGHAR Vs. ADDL. COMMISSIONER (ADMIN), MORADABAD AND ORS.

JUDGEMENT

(1.) Heard Sri M.A. Qadeer learned Senior Counsel on behalf of the petitioner and learned Standing Counsel for the State respondents. This petition has been filed seeking a writ of certiorari for quashing the order dated 25.8.2015 passed by the respondent No. 2 and the order dated 4.9.2015 passed by the respondent No. 1.

(2.) The respondent No. 2 has allowed a restoration application filed by the respondents and has set aside the order dated 17.1.1978 passed in proceedings under Sec. 41 of the U.P. Land Revenue Act in favour of the petitioner. The consequential revision has been dismissed by the respondent No. 1, the Additional Commissioner, hence this writ petition.

(3.) The relevant facts are that the petitioner filed an application under Sec. 41 of the U.P. Land Revenue Act for demarcation. These proceedings were decided finally and it is alleged that boundary marks were erected on 5.5.1978. The opposite parties in the proceedings filed an appeal, which is stated to have been dismissed on 10.7.1979 and thereby the order passed in favour of the petitioner is stated to have attained finality.