Allahabad High Court
Usman Ali vs Board Of Revenue U.P. Lko. Thru. ... on 8 August, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:52181
Court No. - 18
Case :- WRIT - B No. - 700 of 2023
Petitioner :- Usman Ali
Respondent :- Board Of Revenue U.P. Lko. Thru. Its Registrar And 2 Others
Counsel for Petitioner :- Jai Shrinet
Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the parties.
The submission of learned counsel for the petitioner while assailing the order dated 23.06.2023 passed by the respondent No. 1/Board of Revenue, U.P., Lucknow in Revision No. REV/2889/2019/Bareilly, Computerized Case No. R20191213002889 (Usman Ali vs. Prem Prakash Rastogi) as also the order dated 24.07.2019 passed by the respondent No. 2/Commissioner, Bareilly Division, Bareilly in Case No. 00856 of 2019, Computerized Case No. C201912000000856 (Prem Prakash Rastogi vs. Smt. Sunita Devi and others) and also the relief No. (ii) sought in this petition, is to the effect that the respondent No. 2 in utter, arbitrary and illegal manner treated a simple application dated 18.07.2019 presented by the respondent No. 3 /Prem Prakash Rastogi as revision and registered the Revision/Case No. 00856 of 2019, Computerized Case No. C201912000000856 in exercise of power vested in it under Section 219 of U.P. Land Revenue Act, 1901 (in short "Act of 1901") and passed the order dated 24.07.2019, whereby, the respondent No. 2 issued notice to the petitioner, though, as per law, the revision can be filed assailing the order passed by the Authorities subordinate to it.
Thus, being aggrieved by the order dated 24.07.2019, a revision was filed before the respondent No. 1, which has been dismissed vide order dated 23.06.2023 with liberty to the petitioner to approach the respondent No. 2 by preferring an objection within 15 days from the date of the order and also directed the respondent No. 2 to decide the objection, if preferred within 15 days in terms of the order dated 23.06.2023, within a further period of two months.
On being confronted regarding interfering in the proceedings of the trial Court or the subordinate Authorities in the light of various pronouncements including the observations made by the Hon'ble Apex Court in the judgment passed in the case of Jacky vs. Tiny reported in (2014) 6 SCC 508 as also on the fact that the petitioner has not sought any relief regarding quashing of proceedings, learned counsel for the petitioner says that as the objection has not been filed in terms of the order dated 23.06.2023, the present petition be disposed of with liberty to the petitioner to prefer an objection before the respondent No. 2 on the issue of maintainability of alleged revision, which may be directed to be considered and decided by the said Authority within the time specified by this Court.
Considering the aforesaid aspect of the case particularly the law that the issue of maintainability should be raised before the Court at first instance or the concerned Authority, this Court is not inclined to entertain this petition assailing the impugned orders dated 23.06.2023 and 24.07.2019 and the same is disposed of finally with liberty to the petitioner to prefer an objection within a period of three weeks from today alongwith the certified copy of this order. In case, such an objection is preferred, the respondent No. 2 shall consider an decide the same after providing proper opportunity of hearing to the parties concerned within a further period of two months from the date of filing of objection alongwith certified copy of this order. For concluding the proceedings in the specified time, unnecessary adjournments be avoided to either party.
The petitioner is also directed to file an affidavit of undertaking before the Authority concerned that they would appear on each date fixed in the case and will not take any adjournment before the Authority concerned.
It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.
With the aforesaid, the petition is disposed of.
Order Date :- 8.8.2023
Arun/-
