MOHAMMAD MUSLIM Vs. BOARD OF REVENUE, ALLAHABAD

JUDGEMENT

(1.) Heard Sri Ravindra Nath Yadav for the petitioners, Standing Counsel for State of U.P., Sri R.C. Upadhyay, Standing Counsel for Gram Panchayat and Sri A.P. Singh for the respondent-6.

(2.) This writ petition has been filed against the orders of Additional Commissioner dated 4.12.2014 and 2.6.2014 and Board of Revenue, U.P. dated 21.9.2016.

(3.) It is alleged that Abdul Mazid, father of the petitioners filed a suit under section 229-B of U.P. Act No. 1 of 1951, registered as Suit No. 624/113, which was decreed by Additional officer II, Azamgarh by judgment dated 31.3.1997 and the petitioners were held to be bhumidhars with non-transferable right of plot nos. 25 (area 0.194 hectare), 35-M (area 0.522 hectare) and 102 (area 0.057 hectare) of village Chakbala Shah, pargana Mahul, district Azamgarh. Subsequently, one Singari Devi, Pradhan of Gram Panchayat, Kandara filed an application for setting aside the aforesaid order, which was allowed by Additional Collector by order dated 10.5.2000. Against the order dated 1.5.2000, the petitioner filed a revision before Board of Revenue, U.P. Board of Revenue, U.P. allowed the revision by the judgment dated 3.5.2001 and set aside the order of Additional Collector dated 1.5.2000. Thereafter, one Mohd. Furkan filed an application for setting aside the decree dated 31.3.1997. Pradhan of Gram Panchayat also filed an application for setting aside decree dated 31.3.1997. Both these applications were consolidated and heard together and were dismissed by Additional officer II, Azamgarh by the order dated 13.8.2013. Mohd. Furkan filed a revision against the order dated 13.8.2013 which was dismissed by the order of Commissioner dated 26.12.2013.