Allahabad High Court

WRIT PETITION None on 2 December 1997

Court No. - 37

Case :- WRIT - C No. - 29959 of 2024

Petitioner :- Shakya Prabha TalkiesRespondent :- State Of Up And 3 OthersCounsel for Petitioner :- Ram Badan MauryaCounsel for Respondent :- C.S.C.

Hon'ble Kshitij Shailendra,J.

1. Heard learned counsel for the petitioner and learned StandingCounsel for the State respondents.

2. In substance the prayer made is with regard to correction inrevenue record.

3. It stands borne out from the record that pursuant to a sale deed, name of the petitioner was recorded in the revenue record.However, the entry was expunged in the appeal preferred by someprivate person. The said appellate order was set aside by theAdditional Commissioner, Agra Division, Agra on 02.12.1997against which the aggrieved parties approached the Board ofRevenue by filing a revision, which has been dismissed on18.08.2021 for want of prosecution.

4. Although learned counsel for the petitioner submits that theorder of Board of Revenue has not been recalled so far and norecall application has been filed and, therefore, the order dated02.12.1997 should be given effect to in the revenue record,considering the fact that private persons, who approached theBoard of Revenue, have not been impleaded as parties to this writpetition and any order passed by this Court may affect their rightsin either way, the instant petition requires disposal with certainobservations.

5. The writ petition is disposed of with the following directions:- (a) The petitioner shall file a true attested copy of this order beforethe Sub Divisional Officer concerned along with array ofrevisionists, who has preferred revision before the Board ofRevenue, namely, Chandresh, Jitendra and Smt. Resham Devidisclosing their full particulars and current address, within twoweeks from today.

(b) The Sub Divisional Officer shall issue notice to the saidpersons requiring their presence within next one month.

(c) The application dated 15.07.2023/18.04.2024 filed by thepetitioner shall be decided by the Sub Divisional Officer afterproviding full opportunity to both sides within next two months.

(d) For the convenience sake of hearing, the petitioner is directedto file a fresh application annexing all particular with all the ordersand revenue entries before the Sub Divisional Officer along withthis order.

Order Date :- 14.2.2025Pkb/

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