- (1.) Aggrieved by the judgment and order of Sri Kaushal Kishore. Chief Controlling Revenue Authority. Member, Board of Revenue. U.P., Allahabad dated 13-6-1984, the petitioner has approached this Court under Article 226 of the Constitution.
(2.) Shorn of unnecessary details, one Sheo Dulare Srivastava, an Arbitrator filed the award regarding partition of immoveable property belonging to the petitioner and opposite parties Nos. 4 and 5 and prayed for making the award a rule of Court. The prayer of the Arbitrator was rejected by the Civil Judge as is evident from the order dated 18-3-1976 in Civil Suit No. 76 of 1973 contained in Annexure '1' attached with the writ petition. The Civil Judge passed the following order:- "Application for making award rule of the Court is rejected. Objections of opposite parties Nos. 1 and 2 are allowed. It is made clear that award is vitiated for want of compulsory registration and proper stamp duty same is impounded. Let the award be sent to Collector for necessary action."
(3.) The judgment of the Civil Judge has been upheld by the highest Court of this country. It appears that the petitioner filed an application on 8-9-1981 for adjudication of stamp duty. On 15-7-1983 the Collector has passed the following order :- "Prarthi Sri Maheshwar Dayal dwara prastut prarthana sweekar karate huye aadesh diya jata hai ki nyayalaya Civil Judge, Sitapur se mool award mangaya jaye. Usme varnit sampatti ka mulyankan karaya jaye. Tadanusar kami stamps evam penalty ka nirdharan kiya jaye. Patrawali 3-8-83 ko prastut ho.";