Prakash Krishna, J. - (1.) Challenging the order dated 26.4.2010 passed by the Board of Revenue, U.P Allahabad whereby the restoration application filed by the petitioners has been rejected, the present writ petition has been filed.
(2.) It arises out of proceeding under section 198(4) of U.P.Z.A. & L.R Act. The pattas were granted in favour of the petitioners. Thereafter the contesting respondents No. 3 & 4 filed an application under section 198(4) of the said Act for cancellation of the Pattas. The Pattas were not cancelled by the order dated 15.11.2008 passed by the Sub Divisional Officer. The said order was challenged by way of revision No. 68 of 2008-2009 before the Board of Revenue who allowed it on 20.1.2009 ex parte without issuing any notice to the present petitioners on the short ground that in view of the subsequent amendment in Section 198(4), the Sub Divisional Officer had no power to consider the application filed under section 198(4) of the Act. It is the Collector who could consider such application. Thereafter an application was filed by the petitioners to restore the revision to its original number on the ground that they were not heard before passing of the order dated 20.1.2009. The said application having been dismissed, the present writ petition has been filed.
(3.) The learned counsel for the petitioner submits that no opportunity of hearing was afforded to the petitioners by the Board of Revenue in deciding the Revision No. 68 of 2008-2009. It was decided ex parte. He further submits that since in the case of the petitioners, the approving authority for grant of patta was Tahsildar and therefore, no error was committed by the Sub Divisional Officer in entertaining and deciding the application for cancellation of the patta.;