SURYA PRAKASH KESARWANI,J. - (1.) Heard learned counsel for the petitioner and the learned standing counsel for State-Respondents.
(2.) By the impugned order dated 25.08.2017, Revision No. 889 of 2017 (Pratap Singh v. Pala Singh and others) filed against the order of S.D.M. Shamli dated 20.04.2017 passed in Case No. D201309720076 under Section 176 of the U.P.Z.A. and L.R. Act, has been dismissed.
(3.) Briefly stated, facts of the present case are that a partition suit being aforesaid Case No. D201309720076 (Raj Singh v. Pal Singh) under Section 176 of the U.P.Z.A. and L.R. Act was filed in the year 2010. The said case was pending as on 11.02.2016 when the U.P. Revenue Code, 2006 came into force. Before the S.D.M. Shamli, the petitioner has raised an objection over maintainability of the aforesaid case on the ground that the said partition case is not maintainable, inasmuch as that the U.P. Revenue Code has now holds the field. The objection was rejected by the S.D.M. vide order dated 20.04.2017 on the ground that the case is pending since the year 2010 and as such provisions of U.P.Z.A. and L.R. Act would be applicable. Aggrieved with the said order, the petitioner filed a Revision No. 889 of 2017 which has been dismissed by the impugned order dated 25.08.2017 passed by the Board of Revenue U.P. Allahabad.;