JUDGMENT :

1. Heard Mohammad Arif Khan, learned Senior Advocate assisted by Sri P.V.Chaudhary, learned counsel for the petitioner and Sri R.D.Shahi and Sri Rakesh Kumar Singh, learned counsel for opposite party No.3, Sri Harishchandra, learned counsel for the opposite party No.2 and Sri Mohan Singh, learned counsel for the Gaon Sabha and Avneesh Kumar, learned counsel for the State.

2. By means of present petition, petitioner has impeached the order dated 11.01.2023 passed by the respondent No.1-Board of Revenue, U.P., Lucknow in revision, registered as Revision No.REV/2686/2022/Ayodhya, Computerized Case No.R20220423002686 (Devesh Singh vs. Maya Singh) filed under Section 210 of the U.P. Revenue Code, 2006 (in short "Code of 2006").

3. Brief facts, admitted between the parties, are to the effect that the dispute relates to Gata No. 853 situated at Village-Madna Uparhar Amsin, Tehsil-Sadar, District-Ayodhya. In Gata No.853, in issue, respondent No.4-Smt. Sukhmeena Singh was having 3/4th share and Rukmani Singh was having 1/4th share. Undisputed area of the Gata in issue is 0.449 Hect., out of which, petitioner purchased 0.11225 Hectare by means of registered sale deed dated 18.03.2021 and in the said sale deed, boundaries of the property purchased by the petitioner are described as ^^iwjc&pdjksM dPpk 1 yV~Bk ckngw [ksr ua0&849] 850 vkfn] if'pe&lhek xzke tykyqnhu uxj] mRrj&lhek xzke tykyqnhuuxj] nf{k.k&xkVk la0 857 vU; O;fDrA**

4. Further, Respondent No.4-Smt. Sukhmeena Singh also executed sale deed(s) in favour of respondent No.2-Girish Kumar Singh and respondent No.3-Devesh Singh, which were registered on 23.05.2022 and 24.05.2022, respectively. After these sale deeds, indicated hereinabove, petitioner became owner of 1/4 part of the property in issue and the respondent Nos.2 and 3 became owner of 3/4 part.

5. It would be apt to refer here that the boundaries indicated in the subsequent sale deed(s) executed on 23.05.2022 and 24.05.2022 are similar as indicated in the sale deed of the petitioner. The boundaries indicated in the sale deed(s) subsequent to the sale deed of the petitioner are as ^^iwjc&pdjksM dPpk 1 yV~Bk ckngw [ksr ua0&849] 850 vkfn] if'pe&lhek xzke tykyqnhu uxj] mRrj&lhek xzke tykyqnhuuxj] nf{k.k&xkVk la0 857 vU; O;fDrA**

6. Petitioner preferred an application under Section 80 of the Code of 2006 for declaration of holding/for use for non-agricultural purposes on 04.01.2022, which was registered as Case No.16 of 2022, Computerized Case No.T2022423450116 (Maya Singh vs. State of U.P.), and for the purposes of disposal of the said case, a report was called for, which was subsequently submitted by the Revenue Official on 20.04.2022 and thereafter, based upon the report of the Revenue Official, Sub Divisional Magistrate, Sadar, Ayodhya, allowed the application vide its order dated 21.04.2022.

7. It would be apt to refer here that one application was moved by the petitioner under Section 80 of the Code of 2006 with regard to Gata Nos.853 and 854, situated at Village-Madna Uparhar Amsin, Tehsil-Sadar, District-Ayodhya, with the prayer that the portion purchased by the petitioner in both these Gata(s) be declared so as to use it for non-agricultural purposes. In other words, composite application was filed for both the Gata(s).

8. On coming to know about the order dated 21.04.2022, an application for setting aside the order dated 21.04.2022 and restoration of the Case No.16 of 2022 was preferred by the respondent Nos.2 and 3, which was registered as Case No.RST/ 4456/2022, Computerized Case No.T202204230104456 (Devesh Singh & Others vs. Maya Singh). The Sub Divisional Magistrate, Sadar, Ayodhya, after due notice and hearing the parties dispose of the application vide its order dated 10.10.2022 in following terms:-

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