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

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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.

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 Act, 1953. The case set up in the petition is that a suit was filed under Section 229B of the U.P.Z.A. and L.R. Act, 1950 by the respondent nos. 4 to 11 against the petitioners seeking declaration as bhumidhar over Khasra plot no. 339, area 0.3160 hectare and Khasra No. 400 area 0.1900 hectare situate at Vill