SHYAM DEV Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Mr. Anil Bhushan, learned Senior Counsel assisted by Mr. Arun Kumar Singh, learned counsel for the petitioners, Mr. Tarun Gaur, learned Standing Counsel for the State respondents, Mr. Rameshwar Prasad Shukla, learned counsel for the Gram Panchayat and Mr.Chandra Bhan Yadav for respondent No. 5.

(2.) Brief facts of the case are that proceeding under Sec. 28 of U.P. Land Revenue Act, 1901 was initiated by the petitioners' father before Collector for correction of final map in respect to plot No. 258. Consolidator submitted his report on 20/8/2009. The objections were filed by petitioner's father as well as respondent No. 5 against the report of the Consolidator accordingly, Consolidator submitted another report on 5/2/2011 to the effect that final map of plot No. 258 is not according to renumbering map. On the basis of the report submitted by the Consolidator, respondent No. 4/Chief Revenue Officer vide order dtd. 25/4/2012 confirmed the report of Consolidator dtd. 5/2/2011. Against the order dtd. 25/4/2012, respondent No. 5 filed revision, which was registered as revision No. 58/128/M/201213. Respondent No. 6 has also filed a revision against the order dtd. 25/4/2012, which was registered as revision No. 59/129/M of 201213. Respondent No. 3/Commissioner, Azamgarh Division Azamgarh vide order dtd. 27/6/2013 allowed both the revisions setting aside the order dtd. 25/4/2012 and remitted the matter back before the Chief Revenue Officer to decide the proceeding afresh after obtaining fresh report. Against the order dtd. 27/6/2013 passed by respondent No. 3 in the respective revisions, petitioner filed a revision before respondent No. 2/Board of Revenue which was registered as revision No. 2299/20122013, respondent No. 2/Board of Revenue vide order dtd. 22/8/2013 dismissed the revision of the petitioners. Hence this writ petiton for the following relief:

(3.) This Court vide order dtd. 16/1/2014 entertained the matter accordingly parties have exchanged their pleading.