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2006 Supreme(All) 3016

DILIP GUPTA, B.S.CHAUHAN
RAVI SHANKAR TRIPATHI – Appellant
Versus
BOARD OF REVENUE U. P. LUCKNOW – Respondent


Advocates appeared:
A.K. Gupta for the Petitioner; Satish Chaturvedi, S.C. for the Respondents.

JUDGMENT

By the Court.—A learned Judge of this Court has referred the matter to the Division Bench in view of the conflicting decisions of this Court in Kali Shanker Dwivedi v. Board of Revenue and others, 2000 (18) LCD 1401, and Sri Ram v. Board of Revenue, U.P. and others, 1999 JIR 647.

2. The question involved is regarding the jurisdiction of the Additional Commissioner Allahabad Division to decide the Revision under the provisions of the amended Section 219 of the Uttar Pradesh Land Revenue Act, 1901 (hereinafter referred to as the ‘Act’) and in order to appreciate the controversy, it would be relevant to reproduce the unamended and the amended Sections 218 and 219 of the Act.

3. Sections 218 and 219 of the Act prior to its amendment by U.P. Land Laws (Amendment) Act, 1997 which came into force w.e.f. 18th August, 1997 read as follows:

“218. Reference to the Board.—The Commissioner, the Additional Commissioner, the Collector, the Record Officer or the Settlement Officer may call for and examine the record of any case decided or proceedings held by any officer subordinate to him for the purpose of satisfying himself as to the legality or propriety of the order passed and as to the r




















































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