MADAN LAL Vs. ISHTEYAK HUSSAIN

JUDGEMENT

(1.) This writ petition has been filed seeking a limited relief in the following terms:

(2.) This Revision filed before the Board of Revenue, of which an expeditious disposal is sought by the petitioners, has arisen in the background that Gata No.51 recorded in the name of Kanahi, Ram Kishore, and Kishan Lal situate in Village Hatim Sarai Khurd, Tehsil and District Sambhal, was declared as non agricultural land on an application made for the purpose by Kishan Lal and Ram Kishore, two of the co-sharers under Section 143 of the U.P. Zamindari Abolition and Land Reforms Act, (in short 'the Act'). The property was thereafter recorded in class 6-2 of the Revenue Records Manual, being converted to non- agricultural land. In short it was recorded as Abadi comprising Gata No.51, ad measuring 0.2870 hectares.

(3.) The father of respondent Nos. 2 and 3 one Laxmikant and respondent No.1, Ishteyak Hussain, filed a Restoration Application seeking to set aside the order dated 12.08.1989 passed by the Sub-Divisional Officer, allowing the petitioner's application under Section 143 of the Act. The Restoration Application was dismissed in default, and, thereafter, another Restoration Application was filed that was ultimately allowed by an order dated 27.08.2007 passed by the Sub-Divisional Officer, Sambhal. Aggrieved by the order dated 27.08.2007, passed by the Sub- Divisional Officer, the petitioners moved the Commissioner, Moradabad Division Moradabad in Revision vide Revision No.120 of 2010-11. The Revision aforesaid came up for determination before the Additional Commissioner, Moradabad Division Moradabad,vide order dated 28.12.2010, who allowed the Revision and set aside the order dated 27.08.2007. The result was that the Restoration Application brought by respondent Nos.1, 2 and 3 stood rejected and the order granting declaration of Abadi under Section 143 of the Act in favour of the petitioner vide order dated 1.12.1989, stood restored. Aggrieved by the said order, respondent No.1 alone preferred a Revision from the order of the Additional Commissioner, Moradabad Division Moradabad to the Board of Revenue that was registered as Revision No.833 of 2015 on the file of the Board. The Revision aforesaid was filed belatedly and was, therefore, accompanied by an application for condonation of delay of a total of two years.