Siddhartha Varma, J. - (1.) In the instant writ petition when it came to the notice of the Court that a Revision had been filed against the judgement and decree of the Trial Court passed in a Suit filed under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950, (hereinafter referred to as 'the Act') then a specific query was raised by the Court as to how a Revision could be maintained in view of the provisions of Section 207 of the U.P. Revenue Code, 2006, (hereinafter referred to as 'the Code') wherein it has been stated that if a party was aggrieved by a final order or decree passed in any suit specified in Column 2 of the 3rd Schedule then he had to file a First Appeal to the Court specified in Column 4 of the 3rd Schedule.
(2.) Learned counsel submitted that since there was a judgement of this Court dated 20.4.2017 passed in the Misc. Single No. 8354 of 2014 Anand Kumar Singh & Another vs. State of U.P. Thru. Seyc. Revenue U.P. Civil Sectt. & Ors. reported in, 2017 135 RevDec 642 laying down the law that after the enforcement of the Code on 11.2.2016, the remedy as was available in the earlier enactment/provisions, would still be available, the Revision was definitely maintainable. He submitted that as per the provisions of the U.P.Z.A. & L.R. Act, a Revision was maintainable under Section 333 which had provided that a Revision was maintainable if a statutory remedy of appeal, which lay, had not been availed of. He, therefore, submitted that as per the judgement and order dated 20.4.2017 reported in 2017 (135) RD 642, a Revision was maintainable as per the U.P.Z.A. & L.R. Act, 1950.
(3.) To bolster his submissions learned counsel for the petitioner read out paragraph 21 of the judgement reported in 2017 (135) RD 642. Since the counsel for the petitioner read out paragraph 21, the same is being reproduced here as under:- "21. Thus, if Section 231 of U.P. Revenue Code, 2006, saves the pending proceedings under the previous enactments, in my considered opinion, the remedies available under the whole enactment in respect of proceedings instituted before the subordinate revenue Courts under previous enactments will also be saved.";