Court No. - 45
Case :- WRIT - B No. - 1607 of 2019 Petitioner :- Smt. Rama Devi Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Anurag Mishra Counsel for Respondent :- C.S.C.,Ram Krishna Dubey,Syed Mohammad Abbas Abdy
Hon'ble Salil Kumar Rai,J.
Heard Shri Anurag Mishra and Shri S.M.A Abdy, counsel for the petitioner and Shri Ram Krishna Dubey counsel for respondent no. 6.
The present writ petition has been filed against the order dated 6.2.2019 passed by the Board of Revenue i.e. respondent no. 5 whereby the Board of Revenue has stayed the order dated 7.2.2018 passed by the Tehsildar Tehsil Bhadohi District Bhadohi. Through order dated 7.2.2018 which was passed on a restoration application filed by the petitioner, the Tehsildar has stayed his previous mutation order dated 29.12.2017 passed in favour of respondent no.6.
The impugned order is an interlocutory order and therefore, it is not a fit case for interference under Article 226 of the Constitution of India. However, considering the circumstances of the case, it is directed that the Tehsildar, Tehsil Bhadohi District Bhadohi shall decide the restoration application pending before him within a period of three months from the date a certified copy of this order is produced before him after giving an opportunity of hearing to the interested parties.
It is made clear that respondent no.6 is represented by a counsel in this Court and therefore, notice of the case in the restoration application is deemed to be sufficient on respondent no. 6.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 31.5.2019 IB