Amreshwar Pratap Sahi, J. - (1.) SRI W.H. Khan, learned Senior Counsel and Sri Ashutosh Srivastava, learned Counsel for the Petitioner, Sri Arun Kumar, learned Counsel for the Respondent Nos. 3 and 4 and the learned Standing Counsel for the Respondent Nos. 1 and
(2.) THIS petition has been filed in certain peculiar circumstances questioning the proceedings before the Board of Revenue in a matter arising out of summary proceedings under Section 33/39 of the U.P. Land Revenue Act, 1901. The dispute as raised relates to an ex -parte order passed under the aforesaid provisions whereby the name of the Petitioner and his brother were sought to be expunged from the revenue records, that was founded on the basis of an alleged lease deed executed in favour of their grand -father. The Petitioner aggrieved by the expunging of his name went up in revision, which was allowed. The State of U.P. challenged the said order of the revising authority by filing revisions before the Board of Revenue that were dismissed and the order passed by the Commissioner in revisions was affirmed. The Nagar Palika Parishad, Mainpuri during the pendency of the said revisions moved an application for impleadment before the Board of Revenue that was rejected, which order was never put to challenge.
(3.) AFTER the revisions came to be dismissed, the Nagar Palika Parishad filed Writ Petition No. 59442 of 2010 challenging the order of the Board of Revenue. The said writ petition after hearing the learned Counsel for the Nagar Palika Parishad dismissed the same on 30th September, 2010 on the ground that the Nagar Palika Parishad was only in the capacity of managing the land entrusted in its area by the State Government and since the State Government has not taken up the matter further, the Nagar Palika Parishad has no locus to contest the matter. This judgment is on record as annexure 9 to the writ petition.;