Court No. - 45
Case :- WRIT - B No. - 1515 of 2019 Petitioner :- Swaranalata Mishra Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Manu Mishra Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard Shri Manu Mishra, learned counsel for the petitioner.
The present writ petition has been filed against the order dated 5.9.2018 passed by the Board of Revenue, Lucknow in Revision No. 1820/2018. The order has been passed in a case arising out of the proceedings registered under Section 34 of the Uttar Pradesh Land Revenue Act, 1901 (hereinafter referred to as, 'Act, 1901') and through the aforesaid order the Board of Revenue has upheld the order dated 5.9.2016 passed by the Deputy District Magistrate, Tehsil-Khazni, District-Gorakhpur whereby the Deputy District Magistrate had remanded back the matter to the Tehsildar, Sadar, District-Gorakhpur to pass fresh orders in accordance with law in the mutation case registered in his court.
The proceedings under Section 34 of the Act, 1901 are summary in nature and apart from the said fact, the order dated 5.9.2016 is only a remand order. The petitioner shall have an opportunity to represent his case before the concerned trial court. It is not a fit case for interference under Article 226 of the Constitution of India. The writ petition lacks merit, and is, accordingly dismissed.
However, in the circumstances of the case, it is directed that the proceedings remanded back to the Tehsildar, Sadar, District-Gorakhpur by order dated 5.9.2016 which is pending before him shall be decided within a period of three months from the date a certified copy of this order is produced before him.
Order Date :- 29.5.2019 Anurag/-