Anwar Ali And Another vs Board Of Revenue And 3 Others
2019 Latest Caselaw 5523 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - B No. - 1703 of 2019
 

 
Petitioner :- Anwar Ali And Another
 
Respondent :- Board Of Revenue And 3 Others
 
Counsel for Petitioner :- Abhay Raj Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble J.J. Munir,J.

This petition has been filed seeking the following relief:

"(i) issue a writ order of direction in the nature of mandamus commanding and directing the respondent no. 1, Board of Revenue, U.P. at Allahabad to decide the revision of the petitioner as well as stay application in Revision no.1707 of 2018 (Computer no. AL20180339001707) (Pratap Singh Vs. Anwar Ali and another) pending in the court of Hon'ble Board of Revenue, U.P. at Allahabad under section 333 of U.P. Z.A. and L.R. Act."

The writ petition arises from proceedings under Section 198(4) of the U.P. Z.A. & L.R. Act, where the petitioners who were granted a bhumidhari patta in relation to the land located in Village Husepur, Pargana Saurikh, Tehsil Chhibramau, District Kannauj on 11.10.2002 on a resolution of the Gaon Sabha approved by the Tehsildar on 04.08.2002, was cancelled by the Collector vide order dated 08.07.2016 on ground that the petitioners were not landless labourers, but had to their credit assets, both movable and immovable, that are described in the Collector?s order. The petitioners filed a Revision from the said order to the Commissioner, Kanpur Division, Kanpur, which came up before the Additional Commissioner (Administration), being Revision no. 1212 of 2017. The Commissioner vide his judgment and order dated 27.03.2018 allowed the revision on ground that there is no evidence before the Collector led by the complainant to prove any of the allegations against the petitioners that they were men of means, and have all those properties that are described in the Collector?s order. The Collector?s order dated 08.07.2016 was, therefore, set aside and allotment of land on patta in favour of the petitioners was restored.

Aggrieved by the said order, the complainant/ respondent no.4 filed a revision to the Board of Revenue numbered as Revision no.1707 of 2018, which has been entertained and pending admission notices issued. Records of the case have been summoned, but by an interim order the Board has directed status quo to be maintained, which is prejudicing the petitioners? interest according to the learned counsel for the petitioners. The order of status quo is interfering with their right to exploit their land for agricultural purposes. They pray that the said Revision may be decided within a specified period of time.

Considering the nature of the relief sought, no notice is being issued to private respondent no.4 as no determinative order is proposed to be passed by this Court here. Learned Standing Counsel waives service of notice upon respondents nos.1, 2 & 3 looking to the limited nature of the relief.

Considering the entire facts and circumstances, this writ petition is disposed of with a direction to the Board of Revenue, U.P. at Allahabad to dispose of Revision no.1707 of 2018 (Computer no. AL20180339001707), Pratap Singh Vs. Anwar Ali and another, under Section 333 of U.P. Z.A. & L.R. Act within a period of three months from the date of production of a certified copy of this order. There shall be no order as to costs.

Order Date :- 8.7.2019

Anoop