Raju @ Shravan Kumar And 6 Others vs State Of U.P. And 5 Others
2023 Latest Caselaw 26866 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:189046
 
Court No. - 48
 

 
Case :- WRIT - B No. - 3074 of 2023
 

 
Petitioner :- Raju @ Shravan Kumar And 6 Others
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Manish Gupta,Sr. Advocate
 
Counsel for Respondent :- C.S.C.,Gulrez Khan,Javed Husain Khan
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Heard Sri Arun Kumar Gupta, learned Senior Counsel, assisted by Sri Manish Gupta, Sri W.H.Khan, learned Senior Counsel, assisted by Sri Javed Husain Khan, learned counsel for contesting respondent and learned Standing counsel for State.

Learned Senior Counsel for petitioners and learned Senior Counsel for contesting respondent after arguing for some time have fairly submitted that since the Revisional Authority has wide power under Section 48 read with its explanation Nos. 1, 2 and 3 of U.P. Consolidation of Holdings Act, the legal issue as well as factual issue involved in present case, could be decided by Revisional Authority after summoning the record if necessary instead of remitting matter back to the Appellate Authority to decide afresh.

In view of the above submission as well as taking note of judgment passed by co-ordinate Bench of this Court in case of Madan Vijay Vs Awadh Bihari and 11 others (First Appeal from order No.- 1856 of 2015) and Alimuddin And Others Vs. Deputy Director of Consolidation, Azamgarh and others, 2013 4 ADJ 49. The impugned order is set aside and Revisional Authority is directed to decide the revision petition on merit after hearing the parties, expeditiously, preferably within a period of four months from today. Parties will have liberty to raise all legally permissible issues/contentions before Revisional Authority.

The writ petition is accordingly, disposed of.

Order Date :- 3.10.2023

P. Pandey