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 authorized parties in accordance with relevant provisions.

JUDGMENT :

1. Heard Mr. Achal Singh Vats, learned counsel for the petitioner, leaned Standing Counsel for respondent Nos.1 and 2 and Mr. Azad Rai, learned counsel for respondent No.3.

2. The instant writ petition has been filed for quashing the judgment and order dated 15.04.2005 and 30.03.2005 passed by respondent No.1 i.e. Board of Revenue, U.P. Allahabad and order dated 30.01.2001 passed by Up Ziladhikari, Phoolpur, Allahabad.

3. Brief facts of the case are that petitioner belongs to scheduled caste community, her father was in possession of plot No.78 area 0.401 hectares and plot No.79-Ka area 0.009 hectare situated in village Bagautipur @ Khuthana, Pargana and Tehsil-Soraon, District-Allahabad. Petitioner's father died leaving behind his widow Smt. Sundari Devi as his legal heir and after death of Sundari Devi, land in dispute duly devolved upon the petitioner being her daughter. Smt. Sundari Devi had also executed a registered will in favour of the petitioner. Accordingly, petitioner is continuing in actual possession of land in dispute. Petitioner filed a Suit under Section 229-B/122-B (4F) of U.P.Z.A. & L.R. Act impleading the Gram Panchayat and State of U.P. as defendants. The trial court vide judgment and decree dated 30.01.2001 dismissed the plaintiff-suit, hence the petitioner filed an Appeal before Commissioner, the same was heard by Additional Commissioner (2nd) Allahabad and appeal was allowed by Judgment and decree dated 22.04.2003 recording the finding of fact that appellant is in possession of the disputed plot since long and belongs to scheduled caste community as such appellant is entitled to benefit of Section 122 B (4F) of U.P.Z.A. & L. R. Act. Against the judgment and the decree of the first appellate Court Gaon Sabha through Ex-pradhan (Chandra Kala Devi) filed a Second Appeal, which has been allowed without condoning the delay in filing the second appeal as well as without framing the substantial question of law. Against the judgment and decree of second appellate court, petitioner filed a Review Application, the Review Application was also rejected vide order dated 15.05.2005, hence this writ petition.

4. Learned counsel for the petitioner submitted that suit under Section 229-B/122-B (4F) of U.P.Z.A.&L.R. Act filed by the petitioner was dismissed by the trial court vide order dated 30.01.2001, against the same an Appeal was filed by the petitioner which was allowed and suit was decreed by the Additional Commissioner vide judgment and decree dated 22.11.2003 recording finding of fact that petitioner is in possession over the disputed plot before the relevant date and being member of Scheduled Caste community, petitioner is entitled to the benefit of Sectio122-B (4F) of U.P.Z.A.&L.R.Act. He further submitted that against the first appellate court judgment, the Second Appeal was filed on behalf of Gaon Sabha through Ex Pradhan who was not empowered to file the Second Appeal and the Second Appeal was allowed without framing the substantial questions of law, even finding of fact record by the first appellate Court was not set aside and second appeal has been outrightly allowed. Counsel for the petitioner placed reliance upon paragraph Nos.128 and 131 of Gaon Sabha Manual which are as follows:

"128. The conduit of Gaon Sabha Litigation shall not depend upon the individual discretion of the Chairman of the Bhumi Prabandhak Samiti (Land Management Committee) but shall be a matter of a resolution of the Bhumi Prabandhak Samiti (Land Management Committee) as a whole. In urgent cases, however, the Chairman can take action on his ow and seek ratification of the Bhumi Prabandhak Samiti (Land Management Committee ) afterwards by including in the agenda of the next ensuing meeting.

131. Lawyers have been appointed who shall represent the Bhumi Prabandhak Samiti (Land Management Committee) and give it legal advice where necessary. the Committee shall not engage any lawyer other than the penal lawyer appointed. In importan