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2003 Supreme(SC) 396

P.VENKATARAMA REDDI, K.G.BALAKRISHNAN
Manorey @ Manohar – Appellant
Versus
Board of Revenue (U. P. ) – Respondent


JUDGMENT

P. Venkatarama Reddi, J.- Aggrieved by the following order of the Board of Revenue, U.P., the appellant herein preferred Writ Petition under Article 226 of the Constitution in the High Court at Allahabad:

"The proceedings began on an application dt. 20-12-1990 moved by Manorey for declaration of rights under section 122-B (4F) Z.A. Act Two courts have allowed.

No application is supportable under this Section. Revision is allowed. Orders of two courts below is set aside. Application is dismissed."

2. The High Court upheld the view of the Board of Revenue and dismissed the Writ Petition. In doing so, the High Court followed its earlier decision reported in Ramdin v. Board of Revenue [(1994) Revenue Decisions, Page 388]. The present appeal is directed against that order of the High Court.

3. Going by the orders of the Board of Revenue and the High Court, the maintainability of an application seeking recognition of right under Section 122B (4F) of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act ) is the issue that loomed large before the Board and the High Court. We are of the view that it would be travesty of justice to deny relief to the a















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