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SANGEETA CHANDRA
Ravindra Kumar – Appellant
Versus
Board Of Revenue Lucknow Thru. Its Chairman – Respondent
JUDGMENT :
Sangeeta Chandra, J.
1. Heard learned counsel for the petitioners, Sri Mohan Singh, learned counsel appearing on behalf of the Gaon Sabha and Sri Raj Baksh Singh, learned standing Counsel.
2. No notice is being issued to the private respondents at this stage, as the order proposed to be passed shall not affect the interest of the private respondent as they shall be heard by the Board of Revenue on substantial question of law, if any framed by it.
3. This petition has been filed challenging the order dated 17.07.2019 passed by the Board of Revenue in Second Appeal No.1320 of 2019, computerized case No.R20191714001320 (Shailendra Kumar & another Vs. Commissioner Basti Mandal, Basti and others) filed under Section 331 of U.P.Z.A. & L.R. Act.
4. It has been submitted by learned counsel for the petitioners that by means of the impugned order, the Board of Revenue has entertained the Appeal and stayed the operation and implementation of the orders dated 13.06.2019, 22.01.2019 and 21.07.2016 passed by the Commissioner, Basti Mandal and by the SDM Sadar Basti.
5. It is the case of the petitioners that certain land situated in village Padri Tappa Gaur, Pargana Basti Paschim, Tehsil Har
Point of law: High Court, while exercising its jurisdiction under Section 100 of the Code of Civil Procedure, was required to formulate a substantial question of law which might have arisen for its c....
The main legal point established in the judgment is that even if a party is entitled to a right of way in accordance with the law, the affected persons must be provided with a copy of the application....
Parties not involved in a second appeal lack standing to challenge the Board of Revenue's decision regarding land ownership.
Court emphasized the necessity of maintaining interim orders during appeal proceedings and directing merits-based adjudication.
The Board of Revenue must resolve pending applications before proceeding with appeals, ensuring all parties are properly notified.
The main legal point established in the judgment is that the second appellate court's decision must address the facts of the case, condone any procedural delays, and ensure that appeals are filed by ....
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