Ajay Kumar And 4 Others vs State Of Up And 6 Others
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Allahabad High Court

Ajay Kumar And 4 Others vs State Of Up And 6 Others on 22 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:92236
 
Court No. - 49
 

 
Case :- WRIT - B No. - 2203 of 2024
 

 
Petitioner :- Ajay Kumar And 4 Others
 
Respondent :- State Of Up And 6 Others
 
Counsel for Petitioner :- Panchu Ram Maurya,Prashant Maurya
 
Counsel for Respondent :- C.S.C.,Sandeep Kumar Pandey,Surendra Tiwari
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned counsel for the petitioner and Sri Surendra Tiwari, learned counsel for the respondents.

2. This writ petition has been filed for following reliefs:-

"(I) A writ, order or direction in the nature of CERTIORARI to quash the impugned Judgment and Order dated 10-04-2024 passed by Board of Revenue, Prayagraj (Respondent No. 2) in Revision No. 589/2024 (Computerized No. AL2024166700569) (Mustak Ali Vs. Rajesh Kumar and Others) Under Section 210 of U.P. Revenue Code, 2006 (Annexure No. 1 to this writ petition)

(II) A writ, order or direction in the nature of MANDAMUS commanding and directing to the respondents that they may not interfere in the peaceful possession of the petitioners over the Plot No. 46 Area 0.565 Hectare and Plot No. 68 Area 0.288 Hectare situated in Village Sansarapur, Taluka Kodh, Pargana Bhadohi, Tehsil Gyanpur, District Bhadohi."

3. Contention of learned counsel for the petitioner is that the order passed by the Board of Revenue is without jurisdiction. Learned counsel appearing for the respondent pointed out that the Board of Revenue has allowed the revision and has remanded the matter for consideration of restoration application filed by the petitioner afresh after hearing all the parties, within six months.

4. Since the matter is only remanded and both the parties will have an opportunity to prove their case, no interference is required in the order impugned.

5. Accordingly, the writ petition is disposed of with liberty to both the parties to contest their case on merits in pursuance of order passed by the Board of Revenue, Prayagraj.

Order Date :- 22.5.2024

Nitika Sri.