OM DUTTA SHARMA S/O LATE GOPI LAL AND DEO DUTT ALIAS POORAN CHANDRA S/O DARYAO SINGH Vs. BOARD OF REVENUE,

JUDGEMENT

(1.) IMPUGNED herein is the order -dated 7.2.1994 passed by Board of Revenue Allahabad passed in Second Appeal No. 160 A of 1982 -83 having genesis in a suit under Section 176 of the U.P. Z.A. & L.R. Act.

(2.) FROM a glance through the record, it appeared that the initial counsel who filed the petition on behalf of the petitioner in the office of this Court on 16.4.1998 was Km. Adhya Gupta. Having travelled in various Courts on various dates, this Court was nominated and the matter came up before this Court. In the course of hearing, it was discovered that Gopi Lal petitioner No. 1 who was shown to have sworn affidavit on 17th march 1998 in support of the writ petition, had already breathed his last on 13.11.1995. On gaining knowledge of the factum, this Court passed an order dated 22.12.2006 directing Registrar General of the Court to probe the matter and submit the enquiry report after recording statement of all concerned persons within a month. Enquiry report dated 8th Jan 2007 was submitted and the same has been ordered to be placed on record.

(3.) I have heard Sri A.C. Tiwari, learned Counsel appearing for petitioners and also learned Standing counsel.