Court No. - 40
Case :- CIVIL MISC REVIEW APPLICATION No. - 381 of 2021 Applicant :- Shyam Babu Patel And Another Opposite Party :- State Of U.P. And 15 Others Counsel for Applicant :- Anjali,Pramod Kumar Singh Counsel for Opposite Party :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Anil Kumar Ojha,J.
Applicant-petitioners have sought review of our order, dated 9.9.2021, primarily on the ground that the rights of parties are still sub judice before the Revenue Court and that material did exist to show that applicant-petitioners have right over the property in question.
We have dismissed the writ petition primarily on the ground that the dispute raised is in respect of immovable property between the private individuals which cannot be determined/adjudicated in proceedings under Section 226 of the Constitution of India. Dismissal of the writ petition, however, will not preclude the applicant/petitioners from raising all pleas that are available to them in proceedings pending before the Board of Revenue and the Board of Revenue shall independently examine the rights of the parties, in accordance with law, without being influenced by any observations made in our order dated 9.9.2021.
Subject to the observations made above, this application for review is consigned to records.
Order Date :- 16.12.2021 Ranjeet Sahu