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IN THE HIGH COURT OF ALLAHABAD
ASHUTOSH SRIVASTAVA
Pooran – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. factual background of property rights (Para 2 , 4) |
| 2. arguments on review jurisdiction (Para 5 , 6) |
| 3. legal standards for review proceedings (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. court's conclusion on review application (Para 18) |
| 5. final order without costs (Para 19) |
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
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 under Order 47 Rule 1 CPC limited to patent errors apparent on face of record, self-evident without reasoning; not for re-appreciating revenue records or facts without prior correction or chal....
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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