Sajid Khan And Others vs Board Of Revenue And Others
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Allahabad High Court

Sajid Khan And Others vs Board Of Revenue And Others on 11 November, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:176300
 
Court No. - 49
 

 
Case :- WRIT - B No. - 10565 of 1996
 

 
Petitioner :- Sajid Khan And Others
 
Respondent :- Board Of Revenue And Others
 
Counsel for Petitioner :- Triveni Shanker,Ajay Shanker,Awdhesh Rai,M N Singh,Mahesh Narain Singh,Pankaj Mishra,Raghwendra Prasad Mishra,Viresh Mishra
 
Counsel for Respondent :- C.S.C.,K.B.Garg,S C Srivastava,S.K. Srivastava,V.K.Singh
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

1. Heard Sri Raghwendra Pratap Mishra, learned counsel for petitioners and Sri Mahtab Alam, learned counsel for respondents.

2. It is not much disputed that order impugned dated 29.02.1996 whereby a second appeal has been allowed i.e. order of reversal was passed without even framing questions of law which is absolutely contrary to purport of Section 100 of Civil Procedure Code as well as judgments of Supreme Court in Bhagyashree Anant Gaonkar vs. Narendra @ Nagesh Bharma Holkar and others, 2023 SCC Online SC 1236 and Suresh Lataruji Ramteke vs. Sau. Sumanbai Pandurang Petkar and others, 2023 SCC Online SC 1210.

3. Court is conscious about fact that this writ petition is of the year 1996 and is pending before this Court for more than 2 decades, still considering that since Board of Revenue has bypassed very purport of Section 100 of C.P.C. which requires framing of questions of law as well as in the impugned order, it has also not been reflected whether any question of law is being considered even impliedly.

4. In aforesaid circumstances, impugned order dated 29.02.1996 passed by Board of Revenue is hereby set aside and matter is remitted back to pass a fresh after framing questions of law, expeditiously, preferably within 6 months.

5. With above observations, this writ petition is disposed of.

Order Date :- 11.11.2024

N. Sinha