Allahabad High Court
Viram Chand Alias Brahm Singh And Others vs State Of U.P. And Others on 25 January, 2010
Author: Pankaj Mithal
Bench: Pankaj Mithal
Court No. - 6 Case :- WRIT - B No. - 3163 of 2010 Petitioner :- Viram Chand Alias Brahm Singh And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Pankaj Kumar Tyagi,Smt. Archana Tyagi Respondent Counsel :- C.S.C.,D.D. Chauhan Hon'ble Pankaj Mithal,J.
Heard Sri Pankaj Kumar Tyagi, learned counsel for the petitioners, learned Standing Counsel for respondent Nos. 1, 2, and 3 and Sri D.D. Chauhan, who has accepted notice on behalf of respondent No. 4.
Petitioners' revision No. 88 of 2000-01 (Viram Chandra and others Vs. State of U.P. and others) was entertained by the Board of Revenue and an interim order was passed on 19.6.2001 staying the operation of the impugned order dated 1.5.2001. Subsequently, the aforesaid revision was dismissed in default vide order dated 9.7.2009 and the stay order was vacated. Petitioners applied for recall of the order dated 9.7.2009 on the very next day i.e. 10.7.2009 and also prayed for revival of the interim order. The said application of the petitioners is not being considered as the member of the Board of Revenue before whom the matter was pending retired and no new member in his place has joined. The work of his Court has also not been assigned to any other member. Therefore, the petitioners have come-up in this writ petition praying for issuance of a writ in the nature of mandamus commanding the Board of Revenue to decide their restoration application dated 10.7.2009 for recalling the order dated 9.7.2009 passed in revision No. 88 of 2000-01 and for reviving the interim order as on the strength of the order of dismissal an endorsement has already been made in the relevant khatauni.
In view of the aforesaid facts and circumstances of the case, it is desirable and appropriate that the petitioners may approach the Chairman/Senior Member of Board of Revenue for the early disposal of their aforesaid application and in case, they do so the Chairman/Senior Member shall assign the application/revision to some other member if the member dealing with the matter is not available and ensure that the same is decided within a period of three months from the date of production of the certified copy of this order.
It is further provided that for a period of four months from today the stay order as was passed on 19.6.2001 shall remain operative in the aforesaid revision.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 25.1.2010 S.S.