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Dharamvir Singh v. Board Of Revenue U.P. At Allahabad & Others - WRIT - B No. 838 of 2007 [2007] RD-AH 450 (9 January 2007)


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Hon'ble Anjani Kumar, J.

Heard Sri B.B. Paul, learned counsel for the petitioner, and learned standing counsel.

The petitioner, aggrieved by an order passed by the Board of Revenue dated 3rd March 2006 whereby a review application filed by the petitioner has been rejected, approached this Court by means of this writ petition under Article 226 of the Constitution of India.

By the aforesaid review application the petitioner sought review of the order dated 17th May 1995 whereby the Board of Revenue has answered the reference made by the trial court and directed that the matter shall be looked into afresh under Section 198 of U.P. Zamindari Abolition and Land Reforms Act by the Additional Collector. Further direction is that it is left to the Collector to determine the number of allottees who could not be disqualified at this stage on account of the fact that the petitioner is not party to the proceedings. He filed application only for the first time when he sought review of the order.

I have gone through he order of the Board of Revenue and I find that it does not suffer from any error much less an error apparent on the face of record which may warrant interference by this Court in exercise of jurisdiction under Article 226 of the Constitution of India. Sri B.B. Paul emphatically argued that the petitioner being the resident of Gaon Sabha is very well interested in the Gaon Sabha property, therefore, his review application ought to have been allowed by the Board of Revenue and he should be allowed to participate in the proceedings. I am not in agreement with Sri Paul. In these circumstances I do not find any force in the argument advanced by Sri B.B. Paul.

In view of what has been stated above the writ petition has no force and is dismissed.

Dt: 9.1.2007.

mhu - 838/07


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