Court No. - 18
Case :- WRIT - C No. - 20815 of 2018 Petitioner :- Vidya Kant And 4 Others Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Subhash Chandra Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Anurag Srivastava, learned counsel for the State respondents.
Petitioners are before this Court assailing the validity of order dated 23.02.2018 passed by Additional Commissioner-Ist, Allahabad Region, Allahabad in Case no.RST/138/2013-14 as well as against the order dated 25.02.2014 passed by the Additional Commissioner-IInd, Allahabad Region, Allahabad in Revision no.138 of 2006-07. Further prayer has been made to ask the Tehsildar, Meja for deciding the mutation proceeding on merits between the parties after affording full opportunity to all concerned parties by speaking and reasoned order within specific period and till final decision taken by the Tehsildar, Meja, Allahabad, the respondents may be restrained from interfering in peaceful possession of their respective share 1/4 part of property in question.
At the outset, learned Standing Counsel has raised a preliminary objection regarding the maintainability of the writ petition on the ground that against the order impugned, the petitioners have got alternate remedy of filing appeal before the Board of Revenue as such, the writ petition is liable to be dismissed on the ground of alternate remedy.
The Court has proceeded to examine the record and find substance in the contention raised by learned Standing Counsel as the claim of the petitioners over the property in question can be determined by the Board of Revenue in appeal and straightway the petitioners have approached this Court instead of availing the said remedy and as such, no relief can be accorded to the petitioners.
Confronted with this situation, learned counsel for the petitioners submits that leave may be accorded to the petitioner for preferring appeal before the Board for redressal of his grievance.
In view of the above, on consent, the writ petition is disposed of with the direction that in case any such application is moved before the Board within three weeks period, this Court hopes and trust that the Board would proceed to decide the said appeal expeditiously without granting unnecessary delay to either of the parties except upon payment of cost but certainly after according opportunity of hearing to all the stake holders in the matter.
Order Date :- 31.5.2018 A. Pandey