The court affirmed that the trial court's decree granting bhumidhari rights was valid, and the Board of Revenue acted within its jurisdiction in upholding this decision.

JUDGMENT

Chandra Kumar Rai, J.

Heard Mr. Arun Kumar, learned Counsel for the petitioner, Mr. M.D. Mishra, learned counsel assisted by Mr. Ramesh Chandra Shukla, learned counsel appearing for respondent No.8 and Mr. Raj Kumar Singh, learned Standing Counsel for the State-respondents.

2. Brief facts of the case are that a suit under Section 229-B of U.P. Zamindari Abolition and Land Reforms Act 1950 hereinafter shall be referred as "U.P.Z.A.&L.R. Act" filed by Ram Chandra and Anjani Lal sons of Mahabir impleading Nagar Mahapalika Allahabad & State of U.P. as defendants claiming bhumidhari right over plot No. 297 area 2-2-10 of Khata No-354 situated in village - Phaphamau, Pargana & Tahsil - Soraon, District Allahabad. The aforementioned Suit No. 21/64 was registered as suit No.2/64 before Sub Divisional Officer, Soraon, Allahabad and issues were framed in the suit. The aforementioned suit was decreed by trial court vide judgment & decree dated 7.4.1994 expunging the entry of banjar in respect to disputed plot and holding that plot in dispute is ancestral property of plaintiff. Gaon Sabha applied for restoration /recall after about nine years on 3.9.2003 along with the prayer for condonation of delay as well as interim relief against the judgment & decree dated 7.4.1994 on the ground that plot is recorded as Navin parti as such Gaon Sabha was necessary party in the suit but without impleading the Gaon Sabha the suit has been filed and decree has been obtained. Gaon Sabha also setup a claim that old Number of the plot No.297 was 107 rather 102. Sub Divisional officer initially granted interim order on 3.9.2003 staying the operations of judgment & decree dated 7.4.1994 and subsequently vide final order dated 14.12.2005 the recall application was allowed and judgment and decree dated 7.4.1994 was set aside. Plaintiffs filed revision before Board of Revenue which was allowed vide judgment dated 24.8.2006 setting aside the order dated 14.12.2005 and remanded the matter back before Sub Divisional Officer to decide the suit afresh. In pursuance of the remand order dated 24.8. 2006 matter was heard afresh and vide order dated 17.6.2010 trial court again maintained the earlier order dated 14.12.2005 and directed to record the plot No. 297 as Gaon Sabha plot. Respondent No.8 who is claiming right on the basis of sale deed executed on 08.04.2004 in her favour by plaintiff challenged the judgment of trial Court/ Sub Divisional Officer dared 17.06.2010 in appeal under section- 331 (3) of U.P.Z.A.&L.R. Act before Commissioner which was registered as appeal No-02/18 of 2010 & the same was dismissed by Commissioner vide judgment dated 9.6.2011. Respondent No. 8 challenged the judgment dated 9.6.2011 in second-appeal before board of revenue under Section-331 (4) of U.P.Z.A.&L.R. Act which was registered as second Appeal No - 9 of 2010-11. The aforementioned Second appeal was heard & finally allowed vide judgment dated 16.9.2015 setting aside the appellate judgment dated 9.6.2011, trial court judgment dated 17.6.2010 as well as rejected the restoration/ Recall application dated 3.9.2003 filed by Gaon Sabha & affirmed the earlier judgment of trial Court dated 7.4.1994. Petitioner/ Allahabad Development authority applied for Recall / review against the order dated 16.9.2015 which was pending before Board of Revenue as Case No. RES/1699/2016 Computerized Case No.AL20160203001699 at the time of filing of instant petition. Nagar Nigam applied for restoration agaisnt the order dated 16.09.2015 which was registered as Case No RES/1266/2016 computerized Case No. AL20160203001266 and the same was also pending at the time of filing of instant writ petition. Hence this writ petition petition on behalf of petitioner/Allahabad Development Authority was filled on 18.2.2017 with laches of 1 year 265 days for the following relief:-

"(I) Issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 16.09.2015 passed by t