Allahabad High Court
Prem Kumar vs Addl. Commissioner ... on 24 January, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 18
Case :- WRIT - C No. - 579 of 2023
Petitioner :- Prem Kumar
Respondent :- Addl. Commissioner (Administration) Lko. Division, Lko. And Others
Counsel for Petitioner :- Amar Nath Dubey
Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey
Hon'ble Saurabh Lavania,J.
Heard.
By means of present petition, petitioner has challenged the order dated 30.12.2022 passed in Civil Revision No. 2039 of 2021, Computerized Case No. 202110000002039, (Prem Kumar vs. State of U.P.), under Section 210 of the U.P. Revenue Code, 2006, whereby the Revisional Authority i.e. Additional Commissioner (Administration), Lucknow Division, Lucknow rejected the revision being not maintainable against the interim order dated 03.04.2021 passed on the application seeking interim relief preferred by the State of U.P., whereby the parties were directed to maintain status-quo.
On the issue of maintainability of the revision against an interlocutory order, learned counsel for the petitioner could not satisfy this Court. He also could not place any judgment in support of his case to fortify that the revision would be maintainable against an interlocutory order. However, he indicated certain facts assailing the order dated 03.04.2021 and based upon the same, he stated that in the peculiar facts of the case particularly that the order granting permission to sell under Section 157-AA of U.P. Zamindari Abolition and Land Reforms Act, 1950 vide order dated 25.04.2012 subsequently, affirmed in the revision by the Revisional Authority vide order dated 27.11.2015 passed in Revision No. C-2014000002515 filed by the present petitioner, under Section 333 of U.P. Land Reforms Act, 1901, the application for recall of order of mutation dated 27.01.2014 itself was not maintainable, as such, interference is required in the matter.
Opposing the present petition for the reliefs sought including the relief related to the order dated 03.04.2021, Sri Hemant Kumat Pandey, learned counsel for the State as also Sri Dileep Kumar Pandey, learned counsel appearing for the Gaon Sabha stated that against this order the petitioner is having statutory remedy as provided in paragraph 492 of U.P. Revenue Court Mannual by preferring an application before the competent authority/court, who is empowered to recall/modify the order. Paragraph 492 of U.P. Revenue Court Mannual on reproduction reads as under:-
"492. Recall of stay or interim order-The interlocutory order or stay order passed under this chapter may be discharged, varied or set aside by the court, on application made thereto by any party dissatisfied with such order:
Provided that where an order has been passed after giving to a party an opportunity of being heard, the order shall not be discharged, varied or set aside on the application of that party except where such discharge, variation or setting aside has been necessitated by a change in the circumstances or unless the court is satisfied that the order has caused undue hardship to that party."
Considering the aforesaid statutory provision provided under law, which has not been disputed by the learned counsel for the petitioner, this Court is not inclined to interfere in the matter.
It is open for the petitioner to avail the remedy available to him under law. In case, the petitioner prefers the application under statutory remedy provided to him under law, the authority concerned/court shall consider and decide the same as per provisions indicated in Chapter XLIX of U.P. Revenue Court Mannual including paragraph 492, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of one month, if there is no other legal impediment.
It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law.
With the aforesaid observations, the petition is disposed of.
Order Date :- 24.1.2023
Vinay/-
