Allahabad High Court
Khaderu And Another vs State Of U.P. And 12 Others on 23 August, 2023
Bench: Syed Qamar Rizvi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:169520
Court No. - 49
Case :- WRIT - B No. - 2375 of 2023
Petitioner :- Khaderu And Another
Respondent :- State Of U.P. And 12 Others
Counsel for Petitioner :- Satya Priya Mishra
Counsel for Respondent :- C.S.C.,Vishwanath Mishra
Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri S.P. Mishra, learned counsel for the petitioners, Sri Awadhesh Kumar Patel, learned Standing Counsel for the State-respondent nos. 1 & 2 and Sri Pramod Pathak, Advocate holding brief of Sri Vishwanath Mishra, learned counsel for the respondent nos. 3 & 4.
2. By means of the present writ petition, the petitioner has challenged the judgment and order dated 19.01.2023 passed by learned Board of Revenue by means of which the matter was remanded to the Sub Divisional Officer, Tehsil Sadar, District Gorakhpur to decide the matter after affording due opportunity of hearing and to lead evidence, to the parties. The learned Board of Revenue further directed the trial court to decide the matter within a maximum period of three months.
3. Learned counsel for the petitioners has filed a supplementary affidavit annexing the order sheet of the Case No. 24943 of 2019 (Computerized Case No. T201905310324943) (Khaderu and others versus Milkiyat Singh and others) under Section 38(1) of the U.P. Revenue Code, 2006 that goes to show that the proceedings under Section 38(1) have started and the respondent nos. 3 & 4 to this writ petition have already appeared before the trial court. The Sub Divisional Officer, Tehsil Sadar, District Gorakhpur vide order dated 28.04.2023 has directed to issue registered notices to the respondents fixing 15.05.2023 as the next date.
4. Learned counsel for the petitioner submits that the learned Board of Revenue without affording any opportunity of hearing to the petitioners passed the order dated 19.01.2023 and as such the real controversy in dispute could not be properly appreciated by the learned Board of Revenue.
5. Since the proceedings before the trial court have already been started and the notices have been issued to the respondents, moreover, there is a direction by the learned Board of Revenue to the learned trial court to conclude the proceedings within a time bound manner.
6. In view of the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending. Without adverting on merit of the case, with the consent of the parties, the present writ petition is disposed of with a direction to the Sub Divisional Officer, Tehsil Sadar, District Gorakhpur to decide the case bearing Case No. 24943 of 2019 (Computerized Case No. T201905310324943 ) (Khaderu and others versus Milkiyat Singh and others) pending under Section 38(1) of the U.P. Revenue Code, 2006, by a reasoned and speaking order, strictly in accordance with law, expeditiously and preferably within a period of three months from the date of receipt of certified copy of this order, unless there is any legal impediment.
7. It is made clear that while deciding the said case, the Sub Divisional Officer shall provide full opportunity of hearing to the parties concerned and will thoroughly consider the evidences that are lead before him.
8. In case the lawyers do not co-operate with the proceedings either on account of abstainment from work or otherwise, the court concerned shall permit personal appearance of the parties to address it on the merits of the aforesaid case.
Order Date :- 23.8.2023
Abhishek Gupta
