LALIT MOHAN PANT Vs. STATE

JUDGEMENT

(1.) THIS is a review petition to recall the judgment and order dated31-3-1997 passed by this Court in second appeal No. 91 of 1993-94/Naini-tal.

(2.) BRIEF and relevant facts of the case are that the plaintiff-appellant brought a suit under Section 229-B of U.P.Z.A. and L.R. Act for declaration. The learned trial Court decreed the suit of the plaintiff-ap­pellant on 14-5-1992. Aggrieved by this order an appeal was preferred by the U.P. State and the Gaon Sabha concerned. The learned Additional Commissioner has al­lowed the appeal on 21-1-1994. Against that order the second appeal was preferred before the Board. On 31-3-1997 the aforesaid second appeal was dismissed; hence this review petition.

(3.) FOR the review petitioner it was contended that the relevant and material facts and circumstances of the instant case has not been considered and the illegal order has been passed on 31-3-1997 by this Court, without examining the arguments advanced by the learned Counsel for the review petitioner, that the learned Addi­tional Commissioner has not examined the evidence, on record and has passed an illegal order against the review petitioner and the same error has been committed by this Court by dismissing the second ap­peal. None appeared on behalf of the U.P. State.