Dhruv Narayan Singh And Another vs State Of U.P. And 2 Others
2021 Latest Caselaw 9816 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 16704 of 2021
 
Petitioner :- Dhruv Narayan Singh And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Dhirendra Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajay Bhanot,J.

Heard Dhirendra Singh, learned counsel for the petitioner and learned Standing Counsel for the State respondents.

The revising court in the revision instituted under Section 210 of the U.P. Land Revenue Act, 1901 registered as Case no. 2230/973/2003-2004 Computerised no. C200305000073 (Indrasen Vs Dhruv Narayan) by order dated 13.03.2020 directed the revisional court to decide the revision on merits after hearing both the parties.

The order of the revising court was taken in revision before the Board of Revenue proceedings instituted under Section 219 of the U.P. Land Revenue Act, 1901 registered as Revision no. 1451/2020, Computerised Case no. AL20200531001451 (Ramendra Kumar Singh and others Vs Additional Commissioner (Judicial) Ist, Gorakhpur and others). The Board of Revenue reversed the judgment of the first revising court by holding that the revision was not maintainable and has held the order passed by the first revising court in abeyance. The impugned order passed by the Board of Revenue will lead miscarriage of justice inasmuch as it will keep the matter pending unnecessarily.

Interest of justice will be served by directing the revisional trial court to conclude the proceedings on merits after giving an opportunity of hearing to both the parties preferably within a period of three months in accordance with law, from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad alongwith a copy of the representation as aforesaid and supporting documents, if any.

The Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

The order passed by the Board of Revenue dated 18.01.2021 is liable to be set aside and is set aside.

The writ petition is allowed to the extent indicated above.

Order Date :- 6.8.2021

Pravin