Petitioner sought expedited disposal of pending revision before UP Board of Revenue. Court directed Board to decide within four months, ensuring vacancies are immediately filled when members are transferred.
Pending revision to be decided within four months; vacancies in Board of Revenue to be filled immediately upon transfer of members.
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Court No. - 74
Case :- WRIT - B No. - 1320 of 2020
Petitioner :- Sita Ram Bharti Respondent :- Board Of Revenue And 2 Others Counsel for Petitioner :- Arvind Kumar,Anand Tripathi,Pranshu Gupta,Surendra Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
In compliance of the order of this Court dated 14th December, 2020 Sri Ram Lakhan Devvanshi, learned Standing Counsel has placed instructions before this Court which are taken on record.
As per the instructions and the joining certificate appended therewith it clearly transpires that newly appointed members Sri Amar Nath Upadhyay, Om Prakash Rai and Sri Sahdev have already joined as Member of Board of Revenue and now discharging function.
By means of this petition under Article 226 of the Constitution, the petitioner has sought disposal of pending revision No.- 1526 of 2019 before the Board of Revenue, U.P., Allahabad.
Learned Standing Counsel has no objection in case if an appropriate direction is issued for disposal of the pending case in a time bound period strictly in accordance with law and by fully complying with the procedure prescribed for under the relevant laws.
In view of the above, the Board of Revenue may ensure that the pending revision of the the petitioner is decided quite expeditiously as possible preferably within a period of four months from the date of production of copy of this order.
It is clarified that the procedure prescribed for conducting such proceedings, shall be religiously complied with and priority shall be fixed in the order in which other pending proceedings, if any, have been expedited by this Court in the past.
However, before parting with this case it is necessary to observe that the Board of Revenue is the highest court of revenue matters both arising out of the land revenue act and also arising out under the U.P.Z.A. & L.R. Act now consolidated as U.P. Revenue Code, 2006 in the State. It would be injustice to the litigants and the people of State in case if the Bench both at Allahabad and Lucknow is kept vacant in the Board of
Revenue. It is expected that as and when a member is sought to be transferred from Board of Revenue to discharge some other duties and assignment as may be given by the State Government, the State Government shall ensure that a member is immediately appointed before transferred member is relieved from the Board of Revenue to take up the new assignment.
With the aforesaid observations/ direction, the writ petition stands disposed of.
The copy of the order available on official website of this Court shall be treated to be genuine one, however, as and when the certified copy of the order is issued, the same shall also be submitted before the competent authority.
Order Date :- 16.12.2020 Atmesh
2 issues framed by the court
Whether a direction can be issued to expedite the disposal of a pending revision before the Board of Revenue within a time-bound period.
Whether there should be an immediate appointment of members to the Board of Revenue if any existing member is transferred to discharge other duties.
2 provisions across 2 enactments
Sita Ram Bharti
Board Of Revenue
2 Others
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
