AJAY RAI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Mr. Gauri Shankar Yadav, learned counsel for the petitioners, Mr. S.K. Chaubey, learned counsel for respondent No. 5, Mr. Tarun Gaur, learned Standing Counsel for the State respondent, Mr. Bhupendra Kumar Tripathi, learned counsel for Gram Sabha and Mr. Awadh Narain Rai, learned counsel for respondent Nos. 7, 8 and 12.

(2.) Brief facts of the case are that respondent No. 5 filed a suit under Sec. 116 of U.P. Revenue Code, 2006 for partition impleading petitioners as well as respondent Nos. 6 to 12 as defendants in respect to plots of Khata Nos. 171, 172, 173, 174, 175 situated at Village Chaurabhoj, Pargana Pachotar, Teshil Sadar, District Ghazipur. Trial Court/ Sub Divisional Officer passed the Preliminary decree dtd. 30/9/2019. In pursuance of the preliminary decree dtd. 30/9/2019 Lekhpal submitted Kurra on 1/11/2019 which was confirmed vide order dtd. 29/7/2020. Petitioner No. 2 challenged the judgment and decree dtd. 29/7/2020/30/7/2020 through revision before Commissioner on 1/1/2022 along with prayer for codonation of delay which was registered as case No. 1 of 2022 computerized Case No. C20221400000001. Commissioner vide order dtd. 20/4/2022 admitted the revision, issued notices to the opposite parties, summoned the record of the proceeding and transferred the proceedings of revision before the Additional Commissioner (Judicial Second). Plaintiff/respondent executed two saledeed on 10/5/2022 and 12/5/2022 in respect to disputed plots accordingly petitioner No. 2 filed an application dtd. 27/5/2022 in the aforementioned revision to restrain the plaintiff/ respondent No. 5 from creating third party interest in respect to plot in dispute accordingly Additional Commissioner vide order dtd. 27/5/2022 directed that nature of the property shall not be changed and no sale shall be made by the parties. Petitioner No. 2 filed an application dtd. 29/6/2022 in the aforementioned revision to treat the revision as appeal under Sec. 207 of U.P. Revenue Code, 2006. Additional Commissioner vide order dtd. 31/10/2022 allowed the application dtd. 29/6/2022 to convert the revision in appeal. Plaintiff respondent No. 5 challenged the orders dtd. 20/4/2022, 27/5/2022 and 29/6/2022 in revision under Sec. 210 of U.P. Revenue Code, 2006 which was registered as revision No. 3330 of 2022, before Board of Revenue. The aforementioned revision has been allowed by learned member, Board of Revenue vide order dtd. 20/3/2024 setting aside the order dtd. 20/4/2022, 27/5/2022, 31/10/2022. Hence this writ petition on behalf of petitioners for following relief :

(3.) This Court entertained the matter on 8/7/2024 and granted interim protection in the matter.