Allahabad High Court
Ashok Kumar vs Board Of Revenue And 4 Others on 25 July, 2023
Bench: Pritinker Diwaker, Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:147694-DB Chief Justice's Court Case :- WRIT - C No. - 23095 of 2023 Petitioner :- Ashok Kumar Respondent :- Board Of Revenue And 4 Others Counsel for Petitioner :- Ishir Sripat,Jitenrda Kumar Ojha,Sr. Advocate Counsel for Respondent :- CSC,Rajesh Khare Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J.
Heard Sri Rahul Sripat, learned Senior Counsel assisted by Sri Saurabh Patel, learned counsel for the petitioner, Sri Rajesh Khare, learned counsel for the Respondent No.5, Nagar Palika Karivi, District Chitrakoot and Sri A. K. Goel, learned Additional Chief Standing Counsel for the State Respondent Nos.1 to 4.
Learned counsel for the petitioner submits that proceedings under Section 38 of the U.P. Land Revenue Code, 2006 were decided against the petitioner vide order dated 12.09.2018 and the said order has been assailed before the Board of Revenue in a Revision. The Revision was entertained by the Board of Revenue by order dated 19.09.2018 and effect and operation of the order of the Sub Divisional Magistrate was stayed. However, subsequently, the Revision was dismissed in default. A restoration application was filed which is stated to be pending. Meanwhile, the Respondent No.5, Nagar Palika Karvi, District Chitrakoot has issued a notice on 04.07.2023 requiring the petitioner to vacate the land in question within a period of 7 days.
It is contended by the learned counsel for the petitioner that the petitioner has already filed objection to the said notice, which is admitted to be pending consideration. He submits that till a decision is taken on the objection filed by the petitioner to the notice dated 04.07.2023, the Respondent No.5 may be restrained from taking any action against the petitioner.
Sri Rajesh Khare, learned counsel appearing on behalf of the Nagar Palika Karvi, District Chitrakoot submits that the objection filed by the petitioner to the notice issued would be considered in accordance with law. He submits that the objection would be decided within a period of three days from today.
Be that as it may, it is open for the Nagar Palika Karvi, District Chitrakoot to consider the objection of the petitioner to the show cause notice.
We find that admittedly, a Revision is also pending before the Board of Revenue which though has been dismissed in default but a restoration application is pending. The Board of Revenue had already granted indulgence by staying the operation of the proceedings under Section 38 of the U.P. Revenue Code, 2006.
In our opinion, the Respondent No.5 may not take any action against the petitioner till due consideration is granted by the Board of Revenue to the restoration application. We deem it appropriate to direct the Board of Revenue, U.P. at Prayagraj, to make all endeavour to decide the proceedings of the Revision within a period of two months from today.
with the aforesaid observations, the writ petition is disposed of.
Order Date :- 25.7.2023 pks (Ashutosh Srivastava,J.) (Pritinker Diwaker,C.J.)