Heard.
This petition has been filed challenging the order dated 07.10.2020 passed by the Member (Judicial), Board of Revenue, in Revision No.1094 of 2020 (Computerized Case No.R20201069001094): Suresh Kumar & another Vs. Arun Kumar and others.
Learned counsel for the petitioner has submitted that a partition suit was filed by the petitioner which was decided by the Sub-Divisional Magistrate, Hasanganj, Unnao, on the basis of the compromise after hearing both the parties by the order dated 11.07.2006. A decree was also prepared on 30.08.2006 in compliance of the final orders. The concerned Lekhpal and the Revenue Inspector did not take any action and therefore, petitioner filed a contempt proceedings against the concerned Lekhpal and the Revenue Inspector on 17.08.2010. After several efforts being made by the petitioner, the order passed in the partition suit was eventually complied with by the concerned Lekhpal on 17.08.2019. After 13 years of the passing of the order dated 11.07.2006 and the decree dated 30.08.2006, the respondent nos.2 and 3 who are the real brothers of the petitioners filed a Revision before the respondent no.1 under Section 333 of the U.P. Z.A. & L.R. Act without filing any application for condonation of delay. No notice was issued to the petitioner on the application for condonation of delay and the respondent no.1 has without condoning the delay and without looking into the facts passed the non-speaking order admitting the Revision.
Hence this petition.
Learned counsel for the petitioner has referred to annexure-13 page-17, which is the order impugned in this petition. The same is being quoted hereinbelow in its entirety:-
"yah nigrani Uttar Pradesh Ja Vi evum Bhumi Sudhar ki dhara-333 ke antargat parganadhikari, hasanganj, unnao, vaad sankhya 10/2005-2006 Arun Kumar banaam Ram Shanker aadi me parit adesh dinank 11-07-2006 ke viruddh parishad me yojit ki gayi hai.
Puukar karai gai. Nigranikarta ke vidwaan adhivakta upasthit hue, unko suna tatha patravali ka avlokan kia. Nigrani sunvai hetu grahan ki jati hai. Vipakshiyon hetu notice nirgat kiye jayein. Abhilekh talab kiya jaye. Mauke par yathasthiti kayam rakhi jaye. Vaad sunvai hetu dinank 07-01-2021 ko prastut ho."
It is apparent from the bare perusal of the order dated 17.10.2020 that the same has been passed without allowing the application for condonation of delay in approaching the Board of Revenue and without issuing notice to the contesting respondent, inviting objections against the application for condonation of delay, if any filed therein.
The order dated 07.10.2020 is set aside.
The petitioner shall bring this order to the notice of respondent no.1-Board of Revenue U.P., Lucknow, who shall pass appropriate orders with regard to the admissibility of the Revision on the application of the petitioner.
This writ petition is accordingly disposed of.
Order Date :- 11.2.2021 Rahul