Mahfooz Ahmad And 5 Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 23290 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:56695
 
Court No. - 18
 
Case :- WRIT - B No. - 697 of 2023
 
Petitioner :- Mahfooz Ahmad And 5 Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. (Deptt. Revenue), Lucknow And 23 Others
 
Counsel for Petitioner :- Vaibhav Srivastava,Abhay Raj Singh
 
Counsel for Respondent :- C.S.C.,Mohan Singh,Om Prakash Nag
 

 
Hon'ble Saurabh Lavania,J.

1. Heard learned counsel for the petitioners, Sri Hemant Kumar Pandey, learned State counsel appearing for the respondent Nos. 1 to 5 and Sri Mohan Singh, learned counsel for respondent no. 6 and Shri Om Prakash Nag, learned counsel for caveator.

2. By means of this petition, the petitioners have assailed the order dated 23.06.2023 passed by the respondent No. 2/Board of Revenue, U.P., at Lucknow in Second Appeal registered as Case No. SA/2054/2022/Ayodhya, Computerized Case No. R20220423002054 (Sayyed Sahabhuddin and others vs. Mahfooz Ahmad) under Section 208 of U.P. Revenue Code, 2006.

3. Learned counsels for the parties fairly submitted that the present petition is squarely covered by the judgment dated 03.08.2023 passed in Writ-B No. 613 of 2023 (Mirza Rashid Beg and 5 Others Vs. Board of Revenue U.P. and 12 Others) passed by this Court wherein it has been held that Second Appeal barred can be decided after formulating/framing substantial question of law and thereafter, fixing a day for hearing on the same. As per the order, the Board heard and reserved the matter on 15.05.2023 and judgement was pronounced on 23.06.2023 without framing substantial question of law as also without fixing the date for hearing on the same.

4. Considering the aforesaid admitted position and judgment passed in Mirza Rashid Beg (supra), this Court is of the view that the interference of this Court is required.

5. Accordingly, the order dated 23.06.2023, filed as Annexure No. 1 to the petition, is set aside.

6. The matter is remanded back to the respondent no.2/Board of Revenue, U.P. at Lucknow to decide second appeal afresh strictly in accordance with law.

7. The petition is allowed in above terms.

Order Date :- 24.8.2023

Mohit Singh/-

..............................................(Saurabh Lavania,J.)