Court No. - 9
Case :- WRIT - B No. - 5654 of 2018 Petitioner :- Durgawati And 7 Others Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Ram Krishna Mishra,Ramesh Chandra Yadav Counsel for Respondent :- C.S.C.,Neelabh Srivastava,Shri Krishna Das
Hon'ble Anjani Kumar Mishra,J.
Heard counsel for the petitioners and Shri Neelabh Srivastava for respondent nos.3,4 and 5.
The instant writ petition arising out of proceedings under Section 34 of the U.P. Land Revenue Act and is directed against the order dated 14.08.2018 passed by the Board of Revenue in a revision filed by the petitioners.
The impugned order only pertains to implementation, in the revenue records of an order passed by the trial court in a mutation court. It is not disputed that the main case is still pending for consideration before the revisional court, the Additional Commissioner.
The writ petition in my considered opinion is without merit because an order passed in the mutation case is being implemented in the revenue records which despite pendency of the dispute at the revisional stage, is operating.
The impugned order, therefore, is not liable to be interfered. There is no illegality if any order which is operating, is incorporated in the revenue records.
The writ petition is found to be without merit and is dismissed.
However, it is open for the parties to press for expeditious disposal of the revision which is stated to be pending before Additional Commissioner.
Order Date :- 28.11.2018 Jitendra