UMESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned Standing Counsel appearing for the respondent nos. 1 to 5, Sri Manoj Kumar Yadav, learned counsel appearing for the respondent no. 6-Gaon Sabha and Sri B.L. Yadav, learned counsel appearing for the caveator.

(2.) Present petition has been filed for quashing the orders dated 31.1.2017 and 1.6.2017 passed by the Board of Revenue.

(3.) By the impugned order dated 31.1.2017 revision filed by the contesting respondent-Rama Yadav was allowed by the Board of Revenue upholding the order of the trial court dated 29.9.2013 by setting aside the order of the Additional Commissioner (Administration), Varanasi dated 15.12.2013 on the ground that the land is recorded as 'pond' and is covered under Section 132 of the U.P. Z.A. and L.R. Act, 1950 (hereinafter referred to as the Act), therefore, the suit under Section 176 of the Act being Suit No. 145 of 1964 was not maintainable and hence, the order dated 24.3.1964, which was passed on the basis of an agreement between the parties dated 24.3.1964 without issuing notice to the Gaon Sabha, was illegal and therefore, the order of remand, in view of the original record that have been perused by the Board of Revenue, was not correct.