Court No. - 45
Case :- WRIT - B No. - 1001 of 2019 Petitioner :- Indrajeet And Another Respondent :- Board Of Revenue And 13 Others Counsel for Petitioner :- Tripathi B.G. Bhai Counsel for Respondent :- C.S.C.,Durga Charan Singh Yadav,Manish Kumar Pandey
Hon'ble Salil Kumar Rai,J.
1. Heard Shri Tripathi B.G. Bhai, learned counsel for the petitioners and Shri Durga Charan Singh Yadav, Advocate, representing respondent Nos. 3 to 7.
2. The present writ petition has been filed challenging the orders dated 16.7.2018 passed by the Sub Divisional Officer, Dumariyaganj, District-Siddharth Nagar and 10.4.2019 passed by the Board of Revenue, U.P. at Allahabad, i.e., respondent No. 1 (hereinafter referred to as, 'Board of Revenue).
3. The impugned orders have been passed in proceedings under Section 144 of the Uttar Pradesh Revenue Code, 2006. Through the order dated 10.4.2019, the Board of Revenue has only remanded back the matter to the Sub Divisional Officer to pass fresh orders in accordance with law. As the impugned order dated 10.4.2019 passed by the Board of Revenue is only a remand order and the petitioner shall have the opportunity to represent his case before the concerned court, therefore, it is not a fit case for interference under Article 226 of the Constitution of India.
4. However, the Sub Divisional Officer, Dumariyaganj, District-Siddharth Nagar is directed to decide Case No. 129/2017 instituted under Section 144 of the Uttar Pradesh Revenue Code, 2006 within a period of three months from the date a certified copy of this order is produced before him by either of the parties. It is clarified that in order to comply with the deadline being fixed by this Court, the Sub Divisional Officer, Dumariyaganj, District-Siddharth Nagar may also hold a day to day hearing in the case. It is further directed that the parties shall maintain status quo regarding the suit property, till final orders are passed by the Sub Divisional Officer, Dumariyaganj, District-Siddharth Nagar.
5. With the aforesaid direction, the writ petition is
disposed of.
Order Date :- 26.4.2019 Anurag/-