The central legal point established in the judgment is the limitation on seeking correction in revenue records and the boundaries prevailing over the area in a land dispute.

By means of this writ petition, moved under Article 226 of Constitution of India, the petitioner has sought writ in the nature of certiorari quashing the judgment and order dated 25-06-1984, passed by Addl. Commissioner, Kumaun Division, Nainital (respondent no. 2) and judgment and order dated 17-08-1996 passed by the Board of Revenue (respondent no. 1).

2. Brief facts of the case as narrated in the writ petition are that Shri Shankar Lal (now deceased), father of respondent no. 6 was allotted 248 big has, 14 biswas land by the government and was recorded as hereditary tenant in 1362 fasli. It Is alleged in the petition that out of the allotted land, Shri Shankar Lal transferred 64 big has of land to Bhudan Samiti on 30th November, 1956, and he was ejected from 109 bighas 14 biswas land by the Forest Department as such he remained hereditary tenant in respect of only 75 bighas of land. Later settlement took place and the area got further reduced by one bighas and 5 biswas The petitioner has further alleged that when U.P. Zamindari Abolition and Land Revenue Act, 1950 was made applicable in Kumaun Divison w.e.f. 1-07-1969, Shri Shankar Lal became Sirdar in respect of the said remaining land of 73 big has and 15 biswas. On depositing 20 times of land revenue, he became bhumidhar of the same. On 04-01-1971, Shri Shankar Lal transferred entire land of 73 bighas and 15 biswas in favour of Smt. Budha, Smt. Laxmi Bai and Shri Amir Chand. Accordingly, names of Smt. Budha, Smt. Laxmi Bai and Shri Amir Chand was recorded in the revenue records. Petitioner, Shri Karam Chand is son of said trans free, Shri Amir Chand. Shankar Lal filed an original suit no. 4 of 1971 before Learned Munsif, Nainital for the relief of mandatory injunction initially for 77 bigha, which later amended to be 144 bighas of the land. Learned Munsif, Nainital decreed the suit in respect of 144 bighas of land on 27-01-1973. The state of U.P. went In appeal against said order and the appeal (No. 22 of 1973) was allowed by learned II Addl. District Judge, Nainital on 30-04-1976. There after Shri Shankar Lal filed Second Appeal no. 1128 of 1976 before the Allahabad High Court which was decided on 25-04-1979, whereby the second appeal was allowed and the judgment of the trial court was upheld in favour of Shri Shankar Lal. Petitioner's father,(?) Shri Shankar Lal there after applied for recording of his name as bhumidhar in the revenue record before Sub-Divisional Officer, Haldwani, claiming himself to be hereditary tenant of 232 bigha, 8 biswas of land out of 248 bighas, 14 biswas which was allowed vide order dated 15-02-1980. However, Peshkar submitted a report on 06-08-1980, whereby it was mentioned that material facts were concealed by Shri Ramesh Chandra (son of Shankar Lal) as to the area of land held by him on which the Sub-Divisional Officer, vide his order dated 31-05-1983, recalled his earlier order dated 15-02-1980, after hearing the respondent no. 6 (Ramesh Chandra). Aggrieved by said order, Shri Ramesh Chandra filed a revision no. 10/151 of 1982-83 before the Commissioner, which was decided by the learned Addl. Commissioner recommending revision to the Board of Revenue on 25-06-1984 for setting aside order dated 31-05-1983. The Board of Revenue allowed the revision of respondent no. 6, Ramesh Chandra Sharma against which the present writ petition has been filed by the petition

3. On behalf of the State of U.P., a counter affidavit was filed in which it was admitted that initially 248 bigha 14 biswa was allotted to Shri Shankar Lal. It is also admitted on behalf of the government that out of said land, 64 bigha was gifted to Acharya Vinoba Bhave. It is not disputed in the counter affidavit that a suit was filed by the father of respondent no. 6 before Munsif, Nainital which was confirmed by the High Court in the second appeal. But simultaneously, it is stated that Shankar Lal did transfer 73 bigha 15 biswa of land by way of sale deed and was ejected