Dileep Kumar Gupta And 3 Others vs State Of U P And 3 Others
2022 Latest Caselaw 18285 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 52
 

 
Case :- WRIT - B No. - 2881 of 2022
 

 
Petitioner :- Dileep Kumar Gupta And 3 Others
 
Respondent :- State Of U P And 3 Others
 
Counsel for Petitioner :- Abhishek Kumar Saroj,Vinod Kumar Upadhyay
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Chandra Kumar Rai,J.

Heard Sri Vinod Kumar Upadhyay, learned counsel for the petitioners assisted by Sri Abhishek Kumar Sharma, Advocate.

The brief facts of the case are that petitioners are alleging that they are recorded tenure holder of the disputed plots but petitioners' entry has been expunged vide order dated 17.5.2022 on the basis of ex-parte report even without any notice and opportunity of hearing to the petitioners. Petitioners challenged the order dated 17.5.2022 through revision under Section 210 of U.P. Revenue Code, 2006 before the Board of Revenue along with an application for stay but no interim order was passed, hence this writ petition on behalf of petitioners for the following reliefs:

"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to consider and decide the stay application dated 4.6.2022 in Revision No.1471 of 2022 (Dilip Kumar Gupta and Others Vs. State of U.P. and Others) within stipulated period.

(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to interfere in the peaceful possession of the petitioners over property in dispute and maintain the status quo on the spot.

(iii) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the present circumstances of the case."

Learned counsel for the petitioners submitted that in the Revision No.1471 of 2022 (Computerized Case No AL20221667001471 ), under Section 210 of U.P. Revenue Code, 2006, which was filed against the order of the trial Court dated 17.5.2022 in the proceeding under Section 38 (1) of the U.P. Revenue Code, 2006, the Board of Revenue has only issued notice on the maintainability of the revision but no order was passed on the stay application filed along with revision. Counsel for the petitioners further submitted that against the same very order of the trial Court dated 17.5.2022, the Board of Revenue vide order dated 6.6.2022 in Revision No.1216 of 2022 (Sanjay Kumar Vs. Up-Ziladhikari and Others), Computerized Case No.AL20221667001216, under Section 210 of U.P. Revenue Code, 2006 has granted the interim order but in the case of petitioners without assigning any reason only notice has been issued.

Counsel for the petitioners further submitted that if the order under appeal or revision has serious civil consequences then the interim protection should be given to the petitioners. Counsel for the petitioners placed reliance upon the judgment of this Court in Alisher Vs. State of U.P. & Others, 2007 (102) RD 498 in which this Court has held that if the order under appeal or revision has serious civil consequences then the interim protection should be given to the parties concerned. He further submitted that petitioners were recorded tenure holder and without affording opportunity of hearing to the petitioners their entry has been expunged.

Considering the entire facts and circumstances as well as ratio of law laid down in Alisher (supra), this writ petition is finally disposed of directing the Board of Revenue, Allahabad to pass appropriate order on the pending stay application of the petitioners on the next date fixed in the matter i.e. 5.12.2022.

Order Date :- 22.11.2022

Rameez