Prasidha Narayan Tripathi & Ors. vs Board Of Revenue U.P. Lucknow & ...
2018 Latest Caselaw 1254 ALL

Citation : 2018 Latest Caselaw 1254 ALL
Judgement Date : 6 June, 2018

Allahabad High Court

Prasidha Narayan Tripathi & Ors. vs Board Of Revenue U.P. Lucknow & ... on 6 June, 2018

Bench: Rajesh Singh Chauhan




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 
Case :- MISC. SINGLE No. - 17388 of 2018
 
Petitioner :- Prasidha Narayan Tripathi & Ors.
 
Respondent :- Board Of Revenue U.P. Lucknow & Ors.
 
Counsel for Petitioner :- Om Prakash Misra,Vyas Narayan Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Vyas Narayan Shukla, learned counsel for the petitioners.

Notices for opposite party Nos. 1 to 4 have been accepted by the office of the learned Chief Standing Counsel.

Issue notice to opposite party No.5 returnable at an early date, for which, necessary steps be taken within a week.

By means of this writ petition, the petitioners have assailed the order dated 09.05.2018, passed by the Board of Revenue, U.P., Lucknow in Revision No.204/2003-2004/Sultanpur.

The main ground to assail the aforesaid order is that the Board of Revenue has decided the revision of the petitioners on merits without affording any opportunity of hearing to them.

Learned counsel for the petitioners has submitted that pursuant to the interim order dated 15.07.2004 passed by the Board of Revenue, the petitioners are still in possession over the land in dispute i.e. Khata No.357. The apprehension of the petitioners is that since on account of order being passed by the Board of Revenue, which is being impugned here i.e. order dated 09.05.2018, the private respondents may alienate the property during pendency of the writ petition.

Let the counter affidavit be filed by the opposite parties within two weeks. Rejoinder affidavit, if any, may be filed within one week thereafter.

List this case on 03.07.2018 as fresh.

Till the next date of listing, the status-quo, so far as the land in dispute i.e. Khata No.357 is concerned, shall be maintained. It is made clear that the interim order shall be extended only after hearing the parties concerned.

Order Date :- 6.6.2018

Suresh/

[Rajesh Singh Chauhan,J.]