Allahabad High Court
Jagdish Prasad Vishwakarma vs Board Of Revenue And 12 Others on 14 September, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- WRIT - B No. - 2067 of 2022 Petitioner :- Jagdish Prasad Vishwakarma Respondent :- Board Of Revenue And 12 Others Counsel for Petitioner :- Vinay Kumar Mishra Counsel for Respondent :- C.S.C.,Ashwini Kumar,Bhanu Pratap Singh,Ganesh Shanker Srivastava Hon'ble Chandra Kumar Rai,J.
Heard Sri Vinay Kumar Mishra, learned counsel for the petitioner, Sri Ashwini Kumar Srivastava, learned counsel for respondent no.6 and learned Standing Counsel for respondent nos.1, 2 and 3.
Learned counsel for the petitioner submitted that the proceeding under Section 38 of the U.P. Revenue Code, 2006 was initiated by the petitioner in which a report was submitted and vide order dated 31.10.2018, the report was accepted as proposed. Against the order dated 31.10.2018, contesting respondents filed restoration application along with application for condonation of delay on 26.12.2018. The trial Court vide order dated 25th January, 2020 allowed the restoration application and restored the case to its original number. Against the order dated 25.1.2020, petitioner filed revision before the Board of Revenue and the Board of Revenue has dismissed the revision vide order dated 13.4.2022 which was challenged by the petitioner before this Court and this Court through Writ-B No.1744 of 2020, which was allowed in part, setting aside the order dated 26.8.2020 and remitted the matter back to the Board of Revenue for decision afresh within period of one month. In pursuance of the order of this Court dated 15.1.2021, the Board of Revenue again heard the revision and dismissed the same vide order dated 13.4.2022 recording finding that the order dated 25.1.2020 was passed in violation of principles of natural justice, as such, the same was rightly set aside by the trial Court and no interference is required in the initial order dated 25.1.2020. Counsel for the petitioner further submitted that the restoration application for the contesting respondents was beyond limitation i.e. about one month, as such, unless the delay is specifically condoned, the revision cannot be decided on merit.
On the other hand Sri Ashwani Kumar Srivastava submitted that the initial order dated 25.1.2020 was passed without giving opportunity of hearing to the contesting respondents and the entry of contesting respondents have been expunged by the order dated 25.1.2020, as such, the order was rightly set aside by the trial Court and the case was restored to its original number for fresh decision, as such, both parties have full opportunity to contest the case on merit before the trial Court.
I have considered the arguments advanced by learned counsel for the parties and perused the record.
There is no dispute about the fact that the contesting respondents have not been heard while passing the order dated 25.1.2020. The trial Court while allowing the restoration application has restored the case under Section 38 of the U.P. Revenue Code, 2006 on its original number for fresh consideration.
So far as the delay part is concerned, there was delay of about hardly one month and the Board of Revenue has considered the entire aspect of the case specially that the initial order which was passed in favour of the petitioner and against the contesting respondents without affording opportunity of hearing to the contesting respondents.
Considering the entire facts and circumstances, no interference is required against the impugned order, however, in the facts and circumstances, respondent no.2 i.e. Sub- Divisional Officer, Tehsil Belthra Road, District- Ballia is directed to decide the Case No.6 of 2016 filed by the petitioner under Section 38 of the U.P. Revenue Code, 2006 on merits after giving an opportunity of hearing to the parties in accordance with law expeditiously preferably within a period of four months from the date of production of certified copy of this order before him.
With the above observations, the writ petition is finally disposed of.
Order Date :- 14.9.2022 Rameez