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1999 Supreme(All) 406

V.M.SAHAI
SHRI RAM – Appellant
Versus
BOARD OF REVENUE, U. P. , LUCKNOW – Respondent


Advocates Appeared:
ANUPAM KULSHRESHTA

V. M. SAHAI, J.

( 1 ) HEARD learned counsel for the petitioner and the learned standing counsel.

( 2 ) THE impugned order dated 11. 1. 1999 has been passed by the Board of Revenue which has been filed as Annexure 2 to this writ petition without giving any opportunity of hearing to the petitioner. The U. P. Land Laws (Amendment) Act. 1997 (U. P. Act No. 20 of 1997) came into force on 18. 8. 1997 and Section 218 was omitted from the Land Revenue Act and Section 219 was substituted in the Act which gave power to the Board of Revenue or the Commissioner or the Additional Commissioner or the Collector, etc. to decide the revisions. The effect of this amendment was that w. e. f, 18. 8. 1997 the Commissioner or the Additional Commissioner had power to decide the revision. The revision was decided by Additional Commissioner by his order dated 16. 11. 1998 under the amended Section 219 which came into force on 18. 8. 1997. The board of Revenue has remanded the matter to the Additional Commissioner or deciding it afresh as revision was filed before the Additional Commissioner before coming into force of U. P. Act no. 20 of 1997 were to be decided under the old Section 218 of the Land Revenue






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