S.N. Srivastava, J. - (1.) IMPUGNED herein is the order -dated 7.2.1994 passed by Board of Revenue Allahabad passed in Second Appeal No. 160 A of 1982 -83 having genesis in a suit under Section 176 of the U.P. Z.A. & L.R. Act.
(2.) FROM a glance through the record, it appeared that the initial counsel who filed the petition on behalf of the petitioner in the office of this Court on 16.4.1998 was Km. Adhya Gupta. Having travelled in various Courts on various dates, this Court was nominated and the matter came up before this Court. In the course of hearing, it was discovered that Gopi Lal petitioner No. 1 who was shown to have sworn affidavit on 17th march 1998 in support of the writ petition, had already breathed his last on 13.11.1995. On gaining knowledge of the factum, this Court passed an order dated 22.12.2006 directing Registrar General of the Court to probe the matter and submit the enquiry report after recording statement of all concerned persons within a month. Enquiry report dated 8th Jan 2007 was submitted and the same has been ordered to be placed on record. From a scrutiny of the enquiry report, it would transpire that Gopi Lal had passed away on 3.11.1994 and someone impersonating gopi Lal forged his signatures on the Vakalatnama as well as on the affidavit filed in support of the writ petition. It further transpires from the report that Km. Adhya Gupta, learned Counsel who had identified Gopi Lal petitioner No. 1 was no -where traceable and therefore her statement could not be recorded stating that she appears to have abandoned practice. In the ultimate analysis, Registrar General pinned the blame for wrongly identifying Gopi Lal and also for forged affidavit on Km. Adhya Gupta, Advocate.
(3.) I have heard Sri A.C. Tiwari, learned Counsel appearing for petitioners and also learned Standing counsel.;