Allahabad High Court
Kamlesh Kumar And 3 Others vs State Of U.P. And 10 Others on 14 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:140520 Court No. - 49 Case :- WRIT - B No. - 2473 of 2023 Petitioner :- Kamlesh Kumar And 3 Others Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Arvind Srivastava Counsel for Respondent :- C.S.C.,Achal Singh,Harish Chandra Singh Hon'ble Syed Qamar Hasan Rizvi,J.
Heard Shri Arvind Srivastava, learned counsel for the petitioners and Shri Jitendra Narain Rai, learned Additional Chief Standing Counsel for State-respondents Nos. 1 and 2.
Notice on behalf of Land Management Committee has been accepted by Shri H.N. Singh and Shri Amish Srivastava holding brief of Shri Harish Chandra Singh, who has put in appearance on behalf of respondent No. 11.
The present writ petition has been filed by the petitioners seeking a writ in the nature of certiorari quashing the order dated 31.3.2023 passed by the Board of Revenue U.P. at Allahabad in Revison No. 2783 of 2021 (AL 20210719002783) (Bhagwat Prasad vs. Kamlesh Kumar) under Section 210 of U.P. Revenue Code, 2006.
A preliminary objection has been raised by the learned counsel appearing for the State that the present writ petition is not maintainable, as the same has been filed challenging the order passed in the proceedings under Section 38 of the U.P. Revenue Code, 2006, which is a summary proceedings. In support of his case, he relied upon the judgment passed by this Court in the case of Bhagwan Das and Ors versus Collector, Jalaun & 4 Ors decided on 24.08.2021 as well as the judgment in the case of Ramesh Pal Singh and Ors versus Board of Revenue and Ors reported in 2002 (2) AWC 948.
Learned counsel appearing on behalf of respondents submits that the order passed by the learned Board of Revenue remanding the matter to the court of Sub Divisional Officer, Karvi, Chitrakoot is perfectly justified. He further submitted that vide order dated 31.03.2023, the matter has been remitted to the court of Sub Divisional Officer and the petitioners have every opportunity to contest the matter before the Sub Divisional Officer by pressing the evidences and the documents in support of their claims.
At this stage, learned counsel for the petitioners submits that although the order dated 31.3.2023 passed by the learned Board of Revenue is perverse, but in the interest of justice, instead of contesting this writ petition on the question of maintainability, he would prefer to confine his prayer only to the extent that the writ petition may be disposed of with a direction to the Sub Divisional Officer, Karvi, Chitrakoot to expeditiously decide the case, which has been remanded vide order dated 31.3.2023, strictly in accordance with law after affording opportunity of hearing to the parties concerned, say within a maximum period of three months.
Considering the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this matter pending and with the consent of learned counsel for the parties, the writ petition is finally disposed of with a direction to the Sub Divisional Officer, Karvi, Chitrakoot to expeditiously decide the matter in question, which has been remanded vide order dated 31.3.2023, strictly in accordance with law after affording opportunity of hearing and appreciating the evidences and documents to be placed by the parties concerned, expeditiously and preferably within a maximum period of three months from the date of production of certified copy of this order.
Order Date :- 14.7.2023 Sumaira