Rajendra vs Board Of Revenue,U.P. Lko. Thru. ...
2023 Latest Caselaw 8078 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 

 
Case :- WRIT - B No. - 191 of 2023
 

 
Petitioner :- Rajendra
 
Respondent :- Board Of Revenue,U.P. Lko. Thru. Its Chairman And 3 Others
 
Counsel for Petitioner :- Raj Kumar Verma,Sharad Chandra Pankaj
 
Counsel for Respondent :- C.S.C.,Pankaj Gupta
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State.

Notice to opposite party no. 3 has been accepted by Sri Pankaj Gupta, learned counsel for the Gaon Sabha.

In view of the proposed order notice to opposite party no. 4 is dispensed with.

By means of this petition the petitioner has assailed the order dated 25.1.2023 passed by the opposite party no. 1, and has prayed following relief :

"i. To issuing a writ order or direction in the nature of certiorari thereby quashing the impugned judgment and order dated 25.01.2023 passed opposite party no. 1 in Revision No. 2453/2018, Computerized No. R20181551002453 Faiyaz Ahmad vs. Rajendra contained as Annexure No. 1 to this writ petition."

By means of impugned order dated 25.1.2023 the Chairman, Board of Revenue has set aside the order dated 16.7.2018 passed by the Sub-Divisional Officer, remanding back the matter to the same authority on the ground that the Sub-Divisional Officer has passed the impugned order dated 16.7.2018 without affording an opportunity of hearing to the recorded tenure holder. The perusal of order dated 16.7.2018 (Annexure no. 6) reveals that no opportunity of hearing has been given to any of the parties.

In view of the above, I do not find any infirmity or illegality in the order dated 25.1.2023 passed by the Chairman, Board of Revenue.

Accordingly, the writ petition is dismissed being misconceived.

However, the Sub-Divisional Officer concerned is directed to dispose of the case pending before him expeditiously strictly in accordance with law by affording an opportunity of hearing to the effected parties concerned, more particularly the recorded tenure holder within a period of six weeks from the date of production of certified copy of order of this Court.

However, it is expected that till the disposal of the aforesaid case by the Sub-Divisional Officer, Mohammadabad Gohana, District Mau status quo as on today shall be maintained.

.

(Rajesh Singh Chauhan, J.)

Order Date :- 20.3.2023

Om