- (1.) Heard learned counsel for the petitioners and learned Standing Counsel for the State.
(2.) This writ petition has been filed by Fahmeed Raja & Ors. for issuing a writ in the nature of certiorari to quash order dated 16.11.2011 passed by Board of Revenue, Uttar Pradesh, Lucknow and order dated 5.8.2003 passed by Sub-Divisional Magistrate, Tehsil-Utraula, District-Balrampur.
(3.) The dispute involved in the writ petition is related to Plot No.s 364 area 0.55 decimal, 347 area 0.79 decimal, 349 Ka area 0.15 decimal and 349 Kha area 0.14 decimal situated in Village-Deoria, Pargana & Tehsil-Utraula, District-Balrampur. One suit no.204 of 1986, under section-229B/209 of U.P.Z.A. & L. R. Act, 1950 (later on referred as the Act) was filed by one Sardar Hussain son of Shahid Hussain along with 34 other plaintiffs including vendors of petitioners against Akaram Hussain son of Aqbal Hussain & 16 others defendants along with Gaon Sabha Amiya Deoria and State of U.P. This suit was decreed by Sub Divisional Magistrate- Utraula, then District-Gonda vide its order dated 31.10.86. Ajhar Abbas has filed an appeal against impugned order dated 31.10.1986 passed by Sub Divisional Magistrate- Utraula which was dismissed by Additional Commissioner, Faizabad region Faizabad by order dated 26.4.1993. A revision was preferred before Board of Revenue, Uttar Pradesh Allahabad Revision No. 49/1993-94 in which Sabbar Abbas was also revisionist and at that time it was alleged that his age was 21 years looking into entry of Khatauni 1384-1389F Sabbar Abbas was wrongly shown as minor and had filed the revision though her natural guardian mother Noorjahan. This revision was dismissed by Board of Revenue on 13.7.2000 for want of prosecution. After a lapse of period about 16 years an application for recall of order dated 31.10.1986 was filed by Sarvar Hussain & Ors. on 27.8.2002 along with application Under Section 5 of Indian Limitation Act supported with an affidavit. This application for recall was hotly contested and this recall application was allowed on 5.8.2003. Feeling aggrieved a Revision No. 268, 269 & 270 were filed before Additional Commissioner (Administration) Devi Patan Mandal Gonda, which was allowed vide order dated 26.12.2005 and order dated 5.8.2003 was quashed. Sabbar Abbas filed Revision No.42 of 2005-06 before Board of Revenue which allowed the revision by its order dated 16.11.2011 which resulted in filing of this writ petition.;