SUDHIR Vs. BUDHRAM
LAWS(ALL)-2018-12-131
HIGH COURT OF ALLAHABAD
Decided on December 07,2018

SUDHIR Appellant
VERSUS
BUDHRAM Respondents

JUDGEMENT

RAJIV JOSHI, J. - (1.) This writ petition has been filed for quashing the order dated 16.2.2018 passed by the Two Member Bench of Board of Revenue, U.P at Lucknow, whereby the review application filed by the respondent no.20, M/s Narain Hari Infrastructure Developers (P) Ltd, Delhi was allowed, setting aside the judgment dated 3.2.2017 passed by the single Member of the Board of Revenue and affirming the order dated 3.9.2015 of Additional Commissioner. The facts of the case as reflect from the record are thus: On the basis of the resolution passed by the Gaon Sabha on 28.2.1985, the land of plot no. 188 area 15 biswa i.e. 1900 square metre was resolved to be recorded as road. Subsequently, the said resolution was forwarded for approval to the Sub Divisional Magistrate, who vide his order dated 14.8.1985 accorded approval and ordered for deleting the names of the recorded tenure holders in respect of plot no. 188 and recording the same as road. The petitioners by way of filing an application dated 3.6.2014 sought condonation of delay as well as recall of the order dated 14.8.1985 before the Sub Divisional Magistrate, Dadari, District Gautam Budha Nagar. The said application was allowed by the Sub Divisional Magistrate vide order dated 31.10.2014.
(2.) Against the order dated 31.10.2014 of the Sub Divisional Magistrate, the respondent no.20- M/s Narain Hari Infrastructure Developers (P) Ltd, Delhi filed Revision No. 6 of 2013-14, which was dismissed by the Additional Commissioner Meerut Division, Meerut vide its order dated 31.3.2015. Both the orders passed by the Sub Divisional Magistrate Dadari, District Gautam Budha Nagar as well as Additional Commissioner Meerut Division, Meerut were challenged by the respondent no.20- M/s Narain Hari Infrastructure Developers (P) Ltd, Delhi before this Court in Writ C No. 19722 of 2015 (M/s Narain Hari Infrastructure Developers Pvt. Ltd. v. State of U.P. And 13 others). While entertaining the said writ petition, the following interim order was passed by the Court on 23.4.2015: "As an interim measure without prejudice to the rights and contentions of the parties revenue entries in the revenue record as on date be maintained till the next date of listing but that shall not be treated to be a document of title."
(3.) The said writ petition is still pending after the exchange of pleadings between the parties. In the meantime, two more writ petitions were filed being Writ C No. 30624 of 2016 and 1929 of 2016 by the tenure holders-Tarachand and two others and Smt. Usha respectively, which were connected vide order dated 5.9.2016 and the parties were directed to approach the Collector, Gautam Buddh Nagar, who was also directed to conduct the survey on the basis of fixed points as required under law.;


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