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2021 Supreme(All) 1579

SIDDHARTHA VARMA
Sukhram – Appellant
Versus
Board of Revenue – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rajesh Kumar Singh, Ashwani Kumar Mishra
For the Respondent: C.S.C., Azad Rai

JUDGMENT :

1. Supplementary affidavit filed today be kept on record.

2. The petitioner had filed a suit under Section 229B of the U.P. Zamindari Abolition & Land Reforms Act, 1950, on 24.12.2013. Thereafter, some report etc. were taken and ultimately the Suit came up for hearing and was dismissed by the Sub Divisional Officer on 18.6.2018. Dismissal was essentially on the ground that the Suit was not maintainable under Section 229B of the U.P.Z.A.& L.R. Act, after the commencement of the U.P. Revenue Code, 2006. Thereafter, the First Appellate Court and the Second Appellate Court also dismissed the Appeals saying that the suit was not maintainable under Section 229B of the U.P.Z.A.& L.R. Act after the commencement of the U.P. Revenue Code, 2006. Certain observations on merit were also made.

3. The contention of the learned counsel for the petitioner is that when the Suit itself was filed on 24.12.2013, the provisions of the U.P.Z.A.& L.R. Act were applicable and, therefore, there was nothing wrong in mentioning that the Suit was filed under Section 229B of the U.P.Z.A.& L.R. Act.

4. Further, it has been submitted by the learned counsel for the petitioner that the U.P. Revenue Code,2006

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