Petitioner sought mandamus for expedite disposal of a pending recall application in a land revenue revision case. This Court directed the Board of Revenue to decide the application within two months.
Board of Revenue Ordered to decide pending Recall Application No. 1470 of 2015 within two months.
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Court No. - 18
Case :- WRIT - B No. - 2137 of 2019
Petitioner :- Madan Mohan Respon dent :- Board Of Revenue U.P. And 6 Others Counsel for Petitioner :- Brijendra Kumar Srivastava Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava
Hon'ble J.J. Munir,J.
This writ petition has been filed praying for the following relief:
"Issue a writ order or direction in the nature of Mandamus commanding the respondent No. 1 Board of Revenue U.P. at Allahabad, to proceed with the recall application No. 1470 of 2015 (Brij Mohan versus State of U.P. and another) on day to day basis and decide the same with the period as fixed by the Hon'ble Court in accordance with law."
When the case called on, no one appears on behalf of the petitioner. Sri Satish Mohan Tiwari, learned Standing Counsel is present on behalf of respondent nos. 1 and 2. Sri Ashish Kumar Srivastava, Learned counsel on behalf of respondent nos. 3, Gram Panchayat, is also not present.
Since the petitioner seeks a limited relief for expeditious disposal of proceedings pending before the Board of Revenue, UP. at Allahabad, the matter is being taken up and disposed of. Sri Satish Mohan Tiwari, learned Standing Counsel has no objection to the said course being adopted.
A suit under Section 229-B U.P.Z.A.&L.R. Act was filed by the respondent no. 4, Brij Mohan before the Sub Divisional Officer, Tehsil Etmadpur, District Agra seeking to declare him bhumidhar of property, detailed in the plaint.The suit was instituted on 10.06.2008 and was
numbered as Suit No. 60/07 of 2007-08 on the file of the Sub Divisional Officer, last mentioned. The suit aforesaid came to be dismissed by the Sub Divisional Officer, Etmadpur, District Agra vide judgment and order dated 10.07.2013 as not maintainable.
Aggrieved, respondent no. 4 filed a Revision to the Board of Revenue, U.P. at Allahabad. It is said that the Revision was filed without arraying the petitioner as a party to the said Revision, whereas the Gram Sabha and the State of U.P. represented through the Collector, were made parties. The Revision was heard and allowed by the Board of Revenue vide judgment and order dated 30.07.2014 setting aside the order of the Sub Divisional Officer dated 12.07.2013, dismissing the suit of respondent no. 4 as not maintainable. The petitioner claims that he was not aware of these proceedings. It is asserted in paragraph 11 that the petitioner had no knowledge about the proceedings and he made enquiries about it all at Allahabad. The grievance of the petitioner on merits, this Court does not propose to touch.
Shorn of those facts that this Court does not find necessary to detail here, it is the petitioner's case that he made an application seeking recall of the order dated 30.07.2014, passed by the Board of Revenue allowing the fourth respondent's Revision and setting aside the Trial Court's order, dismissing the said respondent's suit as not maintainable. The aforesaid application being Recall Application was numbered as Recall Application No. 1470 of 2015, in the decided Revision. It was made with the aid of a delay condonation application, and along with a stay
application, supported by affidavit. An impleadment application was also filed requesting Court to implead the petitioner as a party to the Revision, after recall of the order dated 30.07.2014.
The grievance of the petitioner appears to be that his recall application that is pending before the Board since 05.08.2015 till date. It has not been decided, as yet These proceedings are lingering on before the Board which the petitioner seeks to be expedited and decided. A perusal of the writ petition shows that entire order sheet has been annexed as annexure no. 8 to the writ petition. That order sheet has been gone through by this Court with the assistance of Sri Satish Mohan Tiwari, learned Standing Counsel. It appears from a perusal of the said order sheet that the recall application first came up on 26.08.2016. Proceedings of this recall application, along with other applications accompanying it, have not led any order of moment and the case has been casually adjourned. A recall application even belated, is in its nature one that is required to be decided expeditiously. A perusal of the order sheet shows that proceedings before the Board have not moved with requisite dispatch.
Since, this Court does not propose to pass any order determinative of rights of parties, there is no reason to issue notice to private respondents no. 4 to 7. Accordingly, service of notice upon the said respondents is dispensed with. However, in case, the said respondents feel aggrieved by the order made today, it will be open to them to make an application in this decided petition.
Under the entire facts and circumstances, it is expedient in the interest of justice, that the Board of Revenue, U.P. at Allahabad be ordered to decide pending Recall Application No. 1470 of 2015 made in Revision No. 66 of 2012-13, Agra within a period of two months from the date of receipt of a certified copy of this order, in accordance with law, after hearing the parties.
There shall be no order as to costs.
The writ petition stands disposed of in terms of the above orders.
Order Date :- 5.9.2019 Deepak
1 issue framed by the court
Whether to issue a writ of mandamus to expeditiously dispose of a pending recall application in a land revenue revision proceeding.
Madan Mohan
Board Of Revenue U.P.
J.J. Munir
As recorded by the court registry
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