Heard learned counsel for the petitioner. Notice on behalf of the respondents No.1 to 3 has been accepted by the office of the Chief Standing Counsel.
The petitioner has preferred the instant petition seeking quashing of the order dated 14.10.2019 by virtue of which the Board of Revenue has admitted a revision filed by the private-respondent no.4 and had also summoned the record and in the meantime the impugned order before the revisional court dated 16.02.2019 has been stayed.
The submission of the learned counsel for the petitioner is that against the impugned order dated 16.02.2019, he had filed a caveat before the Board of Revenue, however, without informing the petitioner in any manner whatsoever the revision has been entertained and the impugned order dated 14.10.2019 has been passed. The effect of which has been that the order impugned dated 16.02.2019 has been stayed while the revision has been admitted for hearing.
It has further been submitted that though the Board of Revenue had fixed 24.02.2020 as the next date, but thereafter, no further proceedings have taken place and the petitioner has also moved an application for recall of the ex-parte order on 19.01.2021 on the aforesaid ground. It is in this backdrop, it is prayed that the order dated 14.10.2019 be quashed.
The Court has considered the submission of the learned counsel for the petitioner and has also perused the record.
It is not disputed that the Board of Revenue by means of the order dated 14.10.2019 has merely admitted the revision and has stayed the order impugned dated 16.02.2019. It is also not dispute that against the said order, the petitioner has already moved an application for recall which is pending before the appropriate Court on 19.01.2021. It has also been informed that the next date fixed before the Board of Revenue is 23.03.2021.
Be that as it may, since the learned counsel for the petitioner has already moved an application for recall, this Court is not inclined to interfere at this stage. This Court is of the opinion that ends of justice can be served if a direction is issued to the Board of Revenue to consider the application of the petitioner moved for recall, a copy of which has been annexed as Annexure No.6 most expeditiously. Since, it has been informed that the next date fixed before the Board of Revenue is 23.04.2021, accordingly, this Court grants liberty to the petitioner to make an application before the Board of Revenue to prepone the date. In case such an application is moved, the date would be preponed and after affording an opportunity to the parties concerned, the application for recall be decided most expeditiously preferably within a period of three weeks from the date an authenticated copy of this order, along with an application for seeking preponement is filed before the Board of Revenue.
With the aforesaid, the writ petition is disposed of.
Order Date :- 11.2.2021 Rakesh/-