Court No. - 45
Case :- WRIT - B No. - 1574 of 2019 Petitioner :- Kanti Devi And Another Respondent :- State Of U.P. And 19 Others Counsel for Petitioner :- Jawahar Lal Maurya Counsel for Respondent :- C.S.C.,Diwakar Singh,K.C. Mishra
Hon'ble Salil Kumar Rai,J.
Heard Shri J.L.Maurya, counsel for the petitioners, Shri Diwakar Singh, counsel for respondent 20, i.e. the Gaon Sabha and Shri K.C.Mishra, counsel for the respondent no.4.
The present writ petition has been filed against the orders dated 10.4.2019 and 14.5.2019 passed by the Board of Revenue whereby an ex parte interim order granted by the trial court in favour of the petitioners has been set aside.
Through order dated 22.4.2019, the Board of Revenue has remanded back the matter to the concerned trial court to pass fresh orders after substituting the heirs of the defendant in the said case.The orders are interlocutory in nature and the petitioners shall have an opportunity to present their case before the trial court.
In view of the aforesaid, it is not a fit case for interference under under Article 226 of the Constitution of India.
However, it is directed that the trial court shall decide the application for interim relief filed by the petitioners within a period of one month from the date a certified copy of this order is produced before it after giving an opportunity of hearing to the concerned parties.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 30.5.2019 IB