RAM SHANKER Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri Vishal Khandelwal, learned counsel for the petitioners, Sri Abhishek Kumar Srivastava, learned Additional Chief Standing Counsel for the State and Sri Avinash Chandra Srivastava, learned counsel for the Gram Sabha.

(2.) Brief facts of the case are that petitioners were granted benefit of Sec. 122 B (4-F) of the U.P. Zamindari Abolition Land Reforms Act, 1950 (herein after referred to as the U.P.Z.A. & L.R. Act) in respect to plot no. 430 situated in village -Sikandarpur Kotwar, Tehsil-Firozabad, District-Firozabad vide order dtd. 31/1/1994 and 20/1/1994. Against the order dtd. 31/1/1994/20/1/1994 granting the benefit of Sec. 122B (4-F) of the U.P.Z.A. & L.R. Act in favour of the petitioners, the recall application has been filed on 14/9/1994 by District Government Counsel. Sub-Divisional Officer vide order dtd. 17/9/1994 allowed the aforementioned application setting aside the order dtd. 31/1/1994 and restored the proceeding to its original number. Against the order dtd. 17/9/1994 passed by Sub Divisional Officer, petitioner filed three revisions before the Commissioner, which were registered as revision no. 1 of 1994, 2 of 1994 & 3 of 1994 under Sec. 333A of the U.P.Z.A. & L.R. Act. Additional Commissioner (Judicial), Agra Division, Agra vide order dtd. 19/9/1995 sent the reference before the Board of Revenue for allowing the revisions, setting aside the orders dtd. 17/9/1994 passed by the Sub-Divisional Officer in three cases and for fresh disposal of restoration applications. The references were registered as Reference Nos. 15, 16, 17 of 1995-96. Board of Revenue vide order dtd. 25/1/1996 rejected the references. Hence this writ petition on behalf of the petitioners for the following reliefs:-

(3.) This Court entertained the matter and granted the interim protection on 8/5/1996 staying the operation of the impugned orders.