ASGHAR ALI Vs. COMMISSIONER DEVI PATAN MANDAL GONDA

JUDGEMENT

(1.) Heard Sri Satya Prakash Srivastava, learned counsel for the petitioner, learned Standing Counsel representing the State- respondent nos.1 and 4 and Sri Ran Vijai Singh, learned counsel representing U.P. Power Corporation Limited.

(2.) Under challenge in this petition is an order dated 18.11.2004 passed by the Additional Commissioner (Administration), Devi Patan Division, Gonda whereby he is said to have reviewed earlier order dated 31.10.2000 and has set-aside the same.

(3.) Submission of learned counsel for the petitioner is that under the provision of U.P. Land Revenue Act (hereinafter referred to as 'Act'), there is no provision which permits the Additional Commissioner to review his own order. He has further stated that except for the Board of Revenue under Section 220 of the Act, no other court or authority under the said Act is empowered to review its own order. It has also been argued by learned counsel for the petitioner that in fact, the order dated 31.10.2000 passed earlier by the Additional Commissioner was perfectly lawful for the reason that it has elaborately dealt with the case of the petitioner which was based on an order passed by the Consolidation Officer on 24.02.1976 under Section 9-A (2) of U.P. Consolidation of Holdings Act whereby the land in question, namely, plot no.4003/01 which has been assigned new number as 1375, having an area of 0.51 acre, situate in village Phulvariya, hamlet of Vishunapur, District Balrampur was ordered to be recorded in the name of the petitioner and the name of gaon sabha was ordered to be expunged.