SHAHADAT ALI Vs. BOARD OF REVENUE, U.P.

JUDGEMENT

(1.) Heard Sri Mohammad Arif Khan, learned Senior Advocate assisted by Sri Mohammad Aslam Khan, learned counsel for the petitioners as well as Dr. Krishna Singh, learned Standing Counsel for resp. nos. 1 and 9 and Sri Pt. Devesh Kumar Mishra, learned counsel for respondent no. 2.

(2.) The petitioners have filed the present writ petition assailing the order of the Board of revenue dtd. 17/06/2025 whereby it has allowed the 2nd appeal preferred by opposite party No. 2, and set aside the 1st appellate order dtd. 31/08/2020 passed by the Additional Commissioner, Devi Patan Division, Gonda as well as the order of the trial Court dtd. 21/12/2021 passed by the Sub Divisional Magistrate, Mahsi, Bahraich and remanded the matter back for determination afresh after following the directions contained therein.

(3.) The property which is subject matter of the present partition dispute was initially recorded in the name of one Razaq who was the recorded tenure holder of Plot No. 572, area 0.588 hectares situated in Village - Tajwapur, Pargana - Fakharpur, Tehsil - Mahsi, District - Bahraich. Razaq died in 1960, and was survived by 3 sons namely Jumai, Siddiqui and Birahim. The 1st son Jumai, had 3 sons namely Rajjab Ali (respondent No. 2), Abdul Hasan (respondent No. 7) and Taami, (who was initially made respondent No. 6 in the present writ petition but was deleted by order of this Court dtd. 24/07/2025), while Siddiqui had 3 sons namely Jalil @ Jami Ahmad, Poosu, Ali Hasan and lastly Birahim had one son Shahadat Ali who is the petitioner no.1, while petition No. 2 is the wife of petitioner no.1.