WPMS/731/2022
2022 Latest Caselaw 1283 UK

                Office Notes,
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                                  WPMS No. 731 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Ramji Srivastava, learned counsel for the petitioner.

Mr. S.K. Jain, Senior Advocate assisted by Mr. Siddharth Jain, learned counsel for respondent nos. 1 & 2.

Mr. J.S. Bisht, learned Standing Counsel for the State of Uttarakhand.

Petitioner is challenging the order dated 15.03.2022 passed by Board of

of 2021-22. By the said order, revision, filed by Somnath and Smt. Indira Devi (respondent nos. 1 & 2 in this petition) under Section 219 of U.P. Land Revenue Act, was allowed and the order passed by Assistant Collector, impugned in the revision, was set aside and the matter was remitted back to Assistant Collector to decide application under Section 33/39 of U.P. Land Revenue Act filed by petitioner, within two months.

Mr. Ramji Srivastava, learned counsel appearing for petitioner submits that Board of Revenue, allowed the revision filed by respondent nos. 1 & 2, named above, without providing opportunity of hearing to petitioner. He further submits that in the impugned judgment, it is mentioned that notice sent to respondent no. 1 (petitioner herein) was not received back.

Learned Senior Counsel for respondent nos. 1 & 2 also does not dispute the submission made on behalf of petitioner.

In such view of the matter, this Court is of the humble opinion that the impugned judgment by Board of Revenue is not sustainable, as the same was passed without service of notice on the other side.

Accordingly, impugned order dated 15.03.2022 passed by Board of Revenue,

of 2021-22 is restored to the file of Board of Revenue, Utttarakhand, Dehradun. Board of Revenue, Uttarakhand shall decide the revision afresh, after hearing the parties, as per law. Parties shall appear before Board of Revenue on 04.05.2022 without any further notice.

Board of Revenue, Uttarakhand is requested to hear and decide Revision No. 5 of 2021-22, within six weeks from the date of production of certified copy of this order.

Let certified copy of this order be supplied to the parties within 24 hours, as per rules.

(Manoj Kumar Tiwari, J.) 22.04.2022 Aswal