HARI KRISHNA Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri M.D. Singh, learned Senior Counsel assisted by Sri Vaibhav Goswami, learned counsel for the peti-tioner and Sri Ram Dhan, learned State Law Officer for the state-respondents.

(2.) Brief facts of the case are that dispute relates to old plot No. 2601 (new plot No. 1572), area 3.56 acres, old plot No. 2581 (new plot No. 1534), area 6.36 acres and old plot No. 2598 (new plot No. 1570 Ka), area 2.46 acres. Petitioner was ordered to be recorded over the plot in question by the consolidation authorities. Copy of C.H. Form No. 45, bearing the order of the consolidation authorities, recording the name of the petitioner over the plot in question, is annexed as Annexure No. 4 to the writ petition. The name of the petitioner was accordingly recorded in the khatauni from 1424 fasli to 1429 fasli but later on the entry was changed in respect to the plot in question. Petitioner on enquiry, came to know that the order dtd. 6/9/2018, has been passed by the Sub-Divisional Order under Sec. 38(1) of the U.P. Revenue Code, 2006, accord-ingly, Writ Petition No. 33611 of 2018 was filed by the petitioner before this Court. This Court vide order dtd. 3/5/2019, set aside the order of the S.D.O. dtd. 6/9/2018 and directed the Sub-Divisional Officer to decide the matter afresh, after affording opportunity of hearing to the petitioner. In pursuance of the order of this Court dtd. 3/5/2019, S.D.O. passed a fresh order dtd. 21/10/2019, expunging the petitioner's entry. Petitioner challenged the order dtd. 21/10/2019 in appeal under Sec. 38(4) of the U.P. Revenue Code, 2006 which was heard by the Additional Commissioner, Gorakhpur Division, Gorakhpur. The aforementioned appeal was heard and dismissed vide order dtd. 24/3/2021. The petitioner chal-lenged the order dtd. 24/3/2021 by way of revision under Sec. 210 of the U.P. Revenue Code, 2006 before Board of Revenue which has been dismissed as not maintainable vide order dtd. 10/8/2021. Hence, this writ petition for the following relief:-

(3.) This Court entertained the mater on 16/5/2022 and passed the following order:-