Allahabad High Court
Pankaj Kumar And Another vs Addl. Commissioner Judicial ... on 3 August, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:51154
Court No. - 18
Case :- WRIT - C No. - 4148 of 2023
Petitioner :- Pankaj Kumar And Another
Respondent :- Addl. Commissioner Judicial First, Lko. Division, Lko. And Others
Counsel for Petitioner :- Vineet Kumar Pandey,Dharmendra Singh,Pradeep Kumar Tiwari
Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioners, Sri Hemant Kumar Pandey, learned counsel for the State and Sri Dilip Kumar Pandey, learned counsel for the Gaon Sabha.
Brief facts of the case to the effect that the Mutation Case No.290 instituted under Section 35 of U.P. Land Revenue Act, 1901 was finally allowed in favour of petitioners vide order dated 17.03.2017 and thereafter, the application(s) were preferred for recall of the order dated 17.03.2017 by opposite party No.3 and opposite party No.4, respectively. Both the applications were allowed vide order dated 23.03.2018 and the final order dated 17.03.2017 was recalled and the matter was restored to its original number.
Challenging the order dated 23.03.2018, petitioners preferred the Revision No.00679 of 2018, Computerized Case No.C201810000000679 which was dismissed vide order dated 23.01.2023 observing that the order passed on the application for restoration is an interlocutory order.
Considering the issue involved in the present case which is covered by the judgment(s) rendered by this Court Raja Ram and Ors. vs Additional Commissioner Faizabad Division Faizabad & Others and in Writ Petition No.3301 (M/S) of 2006 and Jagdish Prasad Vs. State of U.P. dated 15.2.2023 rendered in Writ-B No. 778 of 2022, this Court entertained the petition and protected the interest of the petitioners vide order dated 23.05.2023. The order dated 23.05.2023 reads as under:-
"1. Heard.
2. Learned counsel for the petitioners stated that by the order dated 23.1.2023, the respondent no. 1- Additional Commissioner Judicial First, Lucknow Division, Lucknow dismissed the revision filed by the petitioners whereby the order dated 27.7.2017 and 23.3.2018 were assailed after observing that orders in issue are interlocutory in nature as such the revision is not maintainable.
3. The observation of the Revisional Court i.e. Additional Commissioner (Judicial) First, Lucknow Division, Lucknow are contrary to the law laid down by this Court in judgment passed in the case of Raja Ram and Ors. vs Additional Commissioner Faizabad Division Faizabad & Others and in Writ Petition No.3301 (M/S) of 2006 and Jagdish Prasad Vs. State of U.P. dated 15.2.2023 rendered in Writ-B No. 778 of 2022.
4. Considering the aforesaid, this Court is of the view that the matter requires consideration.
5. Let notices be issued to the respondent nos. 3 & 4.
6. Steps in this regard be taken within seven working days.
7. As prayed, list this case in third week in the month of July, 2023 as fresh.
8. Till the next date of listing, the proceedings of impugned order dated 23.3.2018 passed by respondent no. 2 i.e. Tehsdilar, Tehsil - Misrikh, District Sitapur shall remain stayed."
In compliance of the order dated 23.05.2023, notices were issued and as per Office report dated 28.07.2023, the service upon private opposite party Nos.3 and 4 is sufficient and this fact has been indicated by this Court in the order dated 02.08.2023. However, the case was adjourned in the interest of justice on the said date.
In the aforesaid background of the case, this Court proceeded to hear the case on merits.
The law with regard to dealing with the order whereby the application for recall has been allowed is settled by this Court in the judgment(s), referred in the order dated 23.05.2023, according to which, against such orders the revision would lie. As such, this Court is of the view that the interference is required in the matter.
Accordingly, for the reasons aforesaid, the petition is allowed. The orders dated 23.01.2023 and 23.03.2018 are hereby set aside and the matter is remanded back to the Revisional Authority to consider and decide the matter afresh after providing proper opportunity of hearing to the parties to the litigation. The Revisional Authority shall make all endeavour to conclude the proceedings within a period of six months, as indicated in para 458(2) of the U.P. Revenue Court Manual.
Order Date :- 3.8.2023
Vinay/-
