Court No. - 50
Case :- WRIT - B No. - 3152 of 2019 Petitioner :- Shahzad Ahmad And Another Respondent :- Board Of Revenue And 3 Others Counsel for Petitioner :- Arvind Srivastava Iii Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioners.
The present writ petition has been filed by the petitioners against the order dated 5.9.2018 passed by the Board of Revenue, U.P at Lucknow whereby the Board of Revenue has admitted the second appeal filed by the opposite party. The main ground of challenge is that the second appeal arises out of proceedings under the U.P Zamindari Abolition & Land Reforms Act, 1950 and in view of the Judgment of this Court in Jasiya Devi versus Indra Pal and another 2019 (143) RD 347, the Board of Revenue at Lucknow does not have the jurisdiction to hear the aforesaid second appeal.
The order is an interlocutory order and there is nothing on record to show that the petitioners had raised any objections before the Board of Revenue regarding its jurisdiction to entertain the said second appeal.
In view of the order proposed to be passed, it would be futile to issue notice to opposite party nos. 2 to 4 and keep the present writ petition pending before this Court. The petitioners may file an application before the Board of Revenue, U.P at Lucknow bringing to its notice the aforesaid judgment and raising the plea regarding the jurisdiction of Board of Revenue, at Lucknow to hear the aforesaid second appeal.
In case, the said application is filed within 15 days from today, the Board of Revenue shall pass appropriate orders in accordance with law after giving the affected parties an opportunity of hearing within a period of one month thereafter.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 19.12.2019 Satyam