- (1.) Heard Mr. Pankaj Gupta, learned counsel for the petitioners, learned Standing Counsel as well as Mr. Mohd. Arif Khan, learned Senior Advocate duly assisted by Mr. Mohd. Aslam Khan, learned counsel for the respondents.
(2.) The instant writ petition has been filed challenging the orders dated 26.12.2013 and 9.9.2010 passed by opposite party no.1 and 2 respectively as contained in Annexures-1 and 2, whereby the opposite party no.2 had allowed the revision setting aside the impugned order dated 9.8.2005 while abating the revision filed under Section 333 of U.P.Z.A. & L.R. Act. The revision preferred against the said order before the Board of Revenue was dismissed.
(3.) Learned counsel for the petitioners submits that it is not in dispute that the proceedings for consolidation operations were initiated in the concerning village where the land in question is situated pursuant to notification under Section 4 (2) of U.P.C.H. Act. As such, all the proceedings pending before any revenue or Civil Court stood abated in view of Section 5 (2) (a) of U.P.C.H. Act. However, the opposite party no.2 by the impugned order while declaring the suit as abated has committed an error as he has allowed the revision preferred against the order dated 9.8.2005 and has set aside the order dated 9.8.2005. The Board of Revenue has not properly considered the submissions made by petitioner and has also rejected the revision. It is submitted that the suit under Section 229-B of U.P.Z.A. & L.R. Act was filed on 8.9.1995 by opposite parties which was allowed ex parte without issuing any notice to the petitioners vide order dated 15.9.1995. On coming to know about the said order petitioners had preferred an application for recall under Order 9, Rule 13 CPC which was allowed after hearing the parties concerned vide order dated 9.8.2005. Against the said order respondents had preferred a revision under Section 333 of U.P.Z.A. & L.R. Act before opposite party no.2. During pendency of revision notification under Section 4 (2) of U.P.C.H. Act was issued in the village concerned on 14.11.2005.;