Jai Bhagwan vs State of U. P. - 2023 Supreme(All) 2329

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2329

JAYANT BANERJI
Jai Bhagwan – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Petitioner: Pankaj Agarwal.
For the Respondent: C.S.C., Anshu Chaudhary, Sunil Verma.

Table of Content
1. writ petition to quash an order. (Para 2)
2. arguments about bar under section 49. (Para 3 , 4)
3. court's examination of records. (Para 5 , 6)
4. interpretation of sections 49 and 9-a. (Para 7 , 8 , 9)
5. rejection of defendant's contention. (Para 10)
6. writ petition dismissed. (Para 11 , 12)

JUDGMENT

Jayant Banerji, J.

Heard Shri Pankaj Agarwal, learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents. Respondent nos. 4 to 11 are represented by Shri Anshu Chaudhary, learned counsel.

2. This writ petition has been filed for setting aside/quashing the order dated 24.4.2019 passed by the respondent no. 2, Board of Revenue in Case No. REV/851/2015, Computerized Case No. AL2015117300851 (Bijendra Singh v. Jai Bhagwan). By means of the revisional order impugned, the Board has set aside the order dated 31.3.2015 passed by the Sub-Divisional Officer, Dhaulana, Hapur (respondent no. 3) passed on application moved under Order 7, Rule 11 of the Code of Civil Procedure filed by the petitioners on the ground that the plaint is liable to be rejected as being barred under the provisions of Section 4 9 of the U.P. Consolidation of Holdings A