Court No. - 50
Case :- WRIT - B No. - 2787 of 2019 Petitioner :- Ganesh Pal Singh And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sanjeev Mishra Gana Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioners.
The present writ petition has been filed against the order dated 22.9.2017 passed by the Additional Commissioner (Judicial), Bareilly Division, District-Bareily (hereinafter referred to as, 'Additional Commissioner') as well as against the order dated 6.6.2019 passed by the Board of Revenue, U.P. at Lucknow (hereinafter referred to as, 'Board of Revenue') dismissing the revision filed against the order dated 22.9.2017. Through the order dated 22.9.2017, the Additional Commissioner has remanded back the matter to the trial court to pass fresh orders after giving the parties an opportunity of hearing in a case registered under Section 41 of the Uttar Pradesh Land Revenue Act, 1901 (hereinafter referred to as, 'Act, 1901').
The order dated 22.9.2017 is a remand order which does not finally decide the rights of the parties and the revisional court has rightly refused to interfere in the said order.
For the same reason, it is not a fit case for interference by this Court under Article 226 of the Constitution of India.
The writ petition is dismissed.
However, in the interest of justice, it is directed that the Sub Divisional Magistrate shall decide the case registered under Section 41 of the Act, 1901 within a period of four months from the date a certified copy of this order is produced before him.
Order Date :- 28.11.2019 Anurag/-