VIJAY BAHADUR Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is a writ petition under Art. 226 Constitution of India challenging the order of the Board of Revenue passed under Sec. 313(4) of the U.P. Zamindari Abolition and Land Reforms Act as also the order passed by it on the Review Application, rejecting the Second Appeal as also the review application of the petitioners. The orders of the Assistant Collector First Class, Gonda dated 11.01991 and the order of the Additional Commissioner, Faizabad Division, Faizabad dated 18.01997 passed in First Appeal have also been challenged.

(3.) The contention of the learned counsel for the petitioners is that at the second appellate stage additional evidence was filed which was admitted while admitting the second appeal itself on 20.04.2004 giving the time to the respondents for rebuttal of the same, but, thereafter when the matter was finally decided the additional evidence which had been filed was not even referred much less considered.