SUNARI DEVI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri S.K. Varma, learned Senior Counsel assisted by Sri Anup Kumar Srivastava, learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and perused the record.

(2.) Present petition has been filed seeking a writ of certiorari quashing the impugned order dated 11.7.2017 passed by the Board of Revenue in Revision No. 27 of 2011-12 (Smt. Sunari v. Commissioner, Gorakhpur Division, Gorakhpur and others) and the order dated 23.2.2012 passed by the Commissioner, Gorakhpur Division, Gorakhpur in Revision No. 261/311/198/G- 1999 (Sri Chand Kiran and others v. Smt. Sunari Devi).

(3.) The claim of the petitioner is based on facts that she belongs to scheduled caste category and has constructed a pacca house before 30.6.1985 on plot no. 125 of village Godsari, Post Office Kantiram, Tappa Pachisi Bhowapar, Tehsil Bansgaon, District Gorakhpur belonging to the respondents no. 4 to 6. In the year 1996, in order to protect her interest the petitioner applied under Section 123(2) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the 'Act') before the Sub Divisional Officer, Bansgaon, District Gorakhpur, on which notices were issued to the respondents no. 4 to 6 and the authority called for a report from the concerned Tehsildar. Allegation is that despite of the notices respondents no. 4 to 6 did not appear before the Sub Divisional Officer. The Tehsildar submitted its report on 3.3.1996 along with report of the concerned Lekhpal and vide order dated 4.7.1996 the application of the petitioner was allowed. Subsequently, the respondents no. 4 to 6 filed an application for recalling the order of Sub Divisional Officer dated 4.7.1996 before the authority concerned, which was rejected vide order dated 8.2.1999. Thereafter, respondents no. 4 to 6 filed a revision before the Commissioner, Gorakhpur Division, Gorakhpur, which was allowed vide order dated 23.2.2012. The revision filed by the petitioner against the aforesaid order before the Board of Revenue, Allahabad was dismissed vide order dated 11.7.2017. Hence, the present petition has been filed challenging the aforesaid two orders dated 23.2.2017 and 11.7.2017.