- (1.) HEARD Sri Ajay Kumar Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
(2.) BY means of this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the orders dated 26.11.2013 passed by Uppar Ayukt (Administration) Azamgarh Division, Azamgarh in Revision No. 9/9/M (Devnath Vs. Shiv Nath and others) and judgment and order dated 21.2.2014 passed by the learned Member Board of Revenue in Revision No. 13 of 2013 - 2014 (Shiv Nath Vs. State of U.P. and others). Vide order dated 26.11.2013, the learned Additional Commissioner has set aside the order dated 19.10.2011 passed by the Sub -divisional Officer Mau on an application for compliance according the order, in the revenue record, in Suit No. 37 of 2003 (Shiv Nath Vs. Jagarnath and others). Whereas by the subsequent order dated 21.2.2014, the petitioner's revision against the order dated 26.11.2013 has been dismissed holding it to be not maintainable. The facts giving rise to this case are that it appears a suit for partition was filed by the plaintiff/petitioner under Section 176 of U.P.Zamindari Abolition and Land Reforms Act, 1950. In the aforesaid suit, the respondents no. 5 and 6 were defendants. Inspite of sufficient service of notice, they had not appeared before the court concered and the preliminary decree in the suit was passed on 7.3.2005. The suit was decreed and the final decree was also made on 6.6.2005. Seeking recall of the aforesaid order, the respondents, herein, have filed an application for setting aside the exparte decree on 28.6.2005. The application was rejected by the Sub -divisional Officer, Mau vide order dated 27.6.2006.
(3.) AGGRIEVED by this order, the otherside has filed Appeal No. 47/M (Jagarnath Vs. Shiv Nath). The aforesaid appeal was allowed on 4.10.2008 by setting aside the order dated 27.6.2006 with the direction to the court below to allow the restoration application in accordance with law on merit. Pursuant thereto, the Sub -Divisional Officer, vide order dated 12.10.2011, has allowed the restoration application and set aside the preliminary decree dated 7.3.2005 and final decree dated 6.6.2005 with the direction to put up this case on 19.10.2011. On 19.10.2011 the otherside has filed an application for implementation of the order dated 12.10.2011. On that application, the Sub -Divisional Officer on that date itself has passed an order for considering the same at the time of deciding the case on merit.;