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IN THE HIGH COURT OF ALLAHABAD
ASHUTOSH SRIVASTAVA
Pooran – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Ashutosh Srivastava, J.
1. Heard Shri Anshu Chaudhary, learned counsel for the petitioner, Shri Shantanu, learned counsel for the respondent no. 4, Shri H.K. Shukla, learned standing Counsel for the State respondents and Shri Deepak Gaur, learned counsel, who has accepted notice on behalf of the respondent nos. 6 and 7 the Gram Panchayats, concerned.
2. The instant writ petition has been filed questioning the order dated 14.05.2024, passed by the Board of Revenue U.P. at Prayagraj in a Review registered as Case No. REV/3878/2023 ( Ram Deen vs. Pooran and others ), whereby and whereunder the Review has been allowed and the order dated 30.06.2023 passed in Second Appeal No. 1207 of 2021 under section 208 of the U.P. Revenue Code, 2006 as also the orders passed by the Commissioner, Jhansi Division Jhansi, dated 26.03.2021 in First Appeal under Section 207 of U.P. Revenue Code, 2006 and order dated 09.10.2017 passed by the Sub Divisional Officer, Pali District-Lalitpur in proceedings under section 229-B of the UPZA & LR Act have been set aside and the matter has been remitted back to the Court of the Sub Divisional Magistrate to decide the proceedings afresh after affording opp
Review proceedings cannot be treated as an appeal; they must adhere strictly to legal standards, allowing for correction of apparent errors only, not retrials of decisions.
Review jurisdiction cannot set aside proper findings without clear error; procedural adherence is essential in appeals.
Review jurisdiction cannot be exercised to rehear a case or correct an erroneous decision without evidence of an error apparent on the face of the record.
Review jurisdiction is limited to errors apparent on the face of the record and cannot be used to reargue the merits of a case.
Civil Law - Revenue Board - Jurisdiction - It is definitely within domain of revenue authorities to take a final decision on issue as to whether lands in question are Government lands and if so, whet....
Section 114 of CPC deals with scope of review.
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