Court No. - 18
Case :- WRIT - B No. - 1894 of 2019 Petitioner :- Smt. Usha Devi Respondent :- The Board Of Revenue And Another Counsel for Petitioner :- Pramod Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
Heard Sri Pramod Kumar Pandey, learned counsel for the petitioner and Sri Ajit Kumar Singh, learned Standing Counsel appearing on behalf of the respondents.
This petition has been filed by the petitioner seeking relief in the following terms:
"I. Issue a writ order or direction in the nature of mandamus to direct the respondent No.1 to decide the Review Application No.713 of 2016-17 dated 18.4.2016 in Revision No.19 of 2012-13 (Manti Devi Vs. Smt. Usha Devi and others), within specific period."
The relief, in its terms is limited and non determinative of rights of parties so far as this Court is concerned. The petitioner seeks a direction that his Review Application, that is pending before the Board of Revenue numbered as Review Application No.713 of 2016-17 dated 18.04.2016 made in Revision No.19 of 2012-13 may be decided within a specified period of time. A Review Application in its nature is summary proceeding until review is granted and the case reopened to a fresh hearing. In this case, according to the learned counsel for the petitioner, review has not yet been granted.
A perusal of the order-sheet shows that hardly any order of moment has been passed since the Review Application was instituted in the month of May 2016. The precise date on which the Review Application was filed, is not clear from the order-sheet. According to the petitioner, it was filed on 18.04.2016. It is pending since then where more than three years have passed. Since this Court does not propose to pass any order effecting the merits of the case, prejudicing the rights of one party or advantaging the other, no useful purpose would be served by keeping this petition pending and in the meantime issuing notice to the second respondent. However, if the second respondent still feel aggrieved, it would be open to her to make an application in this decided writ petition. Under the circumstances, this Court is of opinion that the Review Application, which is by now more than three years old on the file of the Board of Revenue, U.P. at Allahabad, should have its proceedings expedited and the Review Application decided. It is, accordingly, directed that that the Board of Revenue, U.P. at Allahabad shall, on presentation of a certified copy of this order, proceed with the Review Application No.715 of 2016 (Computerized No.AL2016142900715) Malti Devi Vs. Smt. Usha Devi filed by the petitioner in Revision No.19 of 2012-13 within two months from the date of production of a certified copy of this order.
This writ petition is disposed of in terms of the aforesaid order.
Order Date :- 30.7.2019 NSC