Court No. - 45
Case :- WRIT - B No. - 1015 of 2019 Petitioner :- Raj Pal Singh And 3 Others Respondent :- Board Of Revenue And 8 Others Counsel for Petitioner :- Raj Kishore Yadav,Raj Kamal Singh Counsel for Respondent :- C.S.C.,Bal Krishna Pandey
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the parties.
The present writ petition has been filed against the order dated 26.6.1991 passed by the Additional Commissioner (Judicial), Moradabad Division, Moradabad, i.e., respondent no. 2 as well as against the orders dated 6.9.1999 and 28.1.2019 passed by the Board of Revenue dismissing the appeal filed against the order dated 26.6.1991 as well as the review application filed by the petitioners.
The facts of the case are that the petitioners had filed a case under Section 229-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as, 'Act, 1950') which was decreed by the trial court vide its order dated 30.4.1990. The respondents filed an application praying for recall of the decree and to restore the case to its original number. The said application was filed on 10.7.1990 and was dismissed by the trial court vide its order dated 17.11.1990. Against the order dated 17.11.1990, the respondents filed Appeal No. 23/1990-91 under Section 331 of the Act, 1950 which was allowed by the Additional Commissioner vide his order dated 26.6.1991. Through his order dated 26.6.1991, the Additional Commissioner, i.e., respondent no. 2 allowed the application dated 10.7.1990 filed by the respondents and set- aside the order dated 17.11.1990 passed by the trial court as well as the decree dated 30.4.1990 and directed the trial court to pass fresh orders in accordance with law on merits after giving an opportunity of hearing to the concerned parties. The order dated 26.6.1991 was challenged by the petitioners before the Board of Revenue through First Appeal From Order No. 37 of 1990-91 and the Board of Revenue vide its order dated 6.9.1999 dismissed the appeal. Subsequently, the petitioners filed a review application before the Board of Revenue which was also dismissed vide its order dated 28.1.2019.
Through the order dated 26.6.1991, the Additional Commissioner has only remanded back the matter to the trial court to pass fresh orders in accordance with law after giving an opportunity of hearing to the concerned parties. The order has been upheld by the Board of Revenue. The writ petition has been filed against a remand order and there is no perversity in the findings of first appellate court. Therefore, I am not inclined to interfere in the same. The petitioners shall have an opportunity to represent their case before the concerned trial court. For the aforesaid reason, it is not a fit case for interference by this Court under Article 226 of the Constitution of India.
However, it is directed that the trial court shall decide the suit under Section 229-B of the Act, 1950 registered before it and remanded by order dated 26.6.1991 passed by the Additional Commissioner within a period of six months from the date a certified copy of this order is produced before it by either of the parties. It is further directed that till the decision of the suit by the trial court, parties shall maintain status-quo regarding the suit property.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 30.4.2019 Satyam