SURENDER Vs. BOARD OF REVENUE

JUDGEMENT

(1.) S. U. Khan, J. In this case arguments were heard and judgment was reserved on 24-7-2007. Order of the said date passed on the order sheet is quoted below : "heard learned Counsel for the parties. Judgment Reserved. In spite of orders dated 13-1-2006 and 13-7-2006 learned Counsel for the petitioner has not informed the Court regarding compliance of condition attached with the interim order dated 5-5-1981. It is, therefore, clear that the said condition has not been complied with. Learned Counsel for the contesting respondent No. 2 auction purchaser, states that auction took place on 25-3-1969 and it was confirmed on 4-10-1982, as condition attached with the interim order dated 5-5-1981 passed in this writ petition was not complied with. The main point to be decided is regarding applicability of Section 286 (2) of U. P. Z. A. L. R. Act which was amended with effect from 1-9-1969 i. e. after about six months of auction sale. Through amendment of September 1969, it was provided that even Sirdari right could be auctioned in realization of dues. "

(2.) THIS writ petition is directed against judgment and order dated 9-3-1981 passed by Board of Revenue U. P. Allahabad in Revision No. 127 of 1973-74, Jeet Narain v. Surendra & Anr. The said revision was directed against order of Commissioner, Gorakhpur dated 17-11-2003.

(3.) SECTION 286 (2) was amended by SECTION 18 of U. P. Act No. IV of 1969. Prior to the said amendment, SECTION 286 (2) of U. P. Z. A. L. R. Act provided as under : "sums of money recoverable as arrears of land revenue but not due in respect of any specific land may be recovered under this section from any immovable properly of the defaulter. "