BALAKRAM Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri Surendra Pal, learned counsel for the petitioner, Sri Tarun Gaur, learned standing counsel for the Staterespondents and Sri Sher Bahadur Singh, learned counsel for the respondentgaon sabha.

(2.) Brief facts of the case are that petitioner's father, namely, Sri Jamuna Prasad filed a suit under Sec. 229B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the "U.P.Z.A. and L.R. Act") in respect to plot No. 196, area 1.03, situated at village Barkhera Yasin, Tehsil Bisalpur, District Pilibhit, impleading Om Prakash, Gaon Sabha and state as defendants. Eight issues were framed including the issue relating to Sec. 49 of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the "U.P.C.H. Act") and parties led oral and documentary evidences in support of their cases. The trial court vide judgment and decree dtd. 19/11/1984, decreed the plaintiff's suit, declaring the plaintiff as bhumidhar with transferable right in respect to disputed plot. Against the judgment and decree of the trial court dtd. 19/11/1984, State of U.P. filed a revision before the Commissioner which was heard and dismissed by the Additional Commissioner vide judgment and decree dtd. 28/9/1985. State of U.P. Challenged the judgment and decree dtd. 19/11/1984 as well as 28/9/1985 before the Board of Revenue by way of revision under Sec. 333 of the U.P.Z.A. and L.R. Act which was heard and dismissed by the Board of Revenue vide judgment dtd. 26/4/1994. State of U.P. filed a review application against the judgment of Board of Revenue dtd. 26/4/1994 which was registered as Review No. 75 of 199697. The Board of Revenue vide judgment/order dtd. 3/2/2005 allowed the review application, set aside the judgment and decree passed by all the three courts as well as dismissed the plaintiff's suit as barred by Sec. 49 of the U.P.C.H. Act. Hence, this writ petition on behalf of petitioner for the following reliefs:

(3.) This Court entertained the matter on 26/5/2005 and stayed the operation of the order dtd. 3/2/2005 passed by respondent No. 1/Board of Revenue.