Ranjeet Singh Vs Board of Revenue and 17 Others

Court No. - 74

Case :- WRIT - B No. - 1572 of 2020

Petitioner :- Ranjeet Singh Respondent :- Board Of Revenue And 17 Others Counsel for Petitioner :- Anuruddh Chaturvedi,Munna Tiwari Counsel for Respondent :- C.S.C.,Sunil Kumar Singh

¶4

Hon'ble Ajit Kumar,J.

¶5

Heard Sri Anuruddh Chaturvedi, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri R.D. Mishra, learned Advocate holding brief of Sri Sunil Kumar Singh, learned counsel for Gaon Sabha.

¶6

By means of this petition under Article 226 of the Constitution, the petitioner has questioned the propriety involved in the order dated 26.08.2020 passed by the Member, Board of Revenue, U.P., Allahabad directing for transfer of the case to another Member of the Board of Revenue by the Chairman, Board of Revenue, U.P., Lucknow.

¶7

It is argued that the statement of facts as have been transcribed in the order dated 26.08.2020 are not correct and all that transpired in the court proceeding was that the petitioner's counsel was pursuing for condonation of delay in the pending second appeal in which the respondents have already put in appearance. He submits that mere persuasion of a litigation before the court, should not, in any manner, be taken as an act opposed to courtroom etiquette, at the end of member of bar. However, he submits that this fact has been brought to the notice of the court not for any other reason but to apprise the court that it is always in the interest of justice that the matters are heard on merits and should not be lingered on only for technicalities. He submits that legal issues are involved and 15 days time of delay in preferring an appeal is not such a substantial delay which may deter a court from condoning the same even while the respondents have put in appearance.

¶8

Be that as it may, in the interest of justice, this Court feels that the matter should now be heard and decided by another sitting member of the Board of Revenue. It is submitted by learned counsel for the petitioner that beside Ms. Bhavna Srivastava, IAS, Member, Board of Revenue, one Sri Om Prakash Arya, IAS is now another sitting Member at this time in the Board of Revenue, U.P., Allahabad, whereas, newly appointed members have yet not joined.

¶9

In such above view of the matter, this Court directs that the

¶10

pending second appeal no. 937 of 2020 be transferred to the court of Sri Om Prakash Arya, Member, Board of Revenue, U.P., Allahabad with immediate effect and the Chairman, U.P. Board of Revenue, Lucknow is directed to transmit the records of the case immediately to the Board of Revenue, U.P., Allahabad before the Member concerned and the Board of Revenue is accordingly directed to ensure the compliance of order of this Court dated 31.07.2020 in its letter and spirit in the light of relevant laws and procedure prescribed for.

¶11

With the aforesaid observations and directions, the writ petition stands disposed of .

¶12

Order Date :- 15.12.2020 IrfanUddin

Ranjeet Singh v. Board of Revenue and 17 Others

Case brief

What is this about?

What did the court decide?

Ranjeet Singh v. Board of Revenue and 17 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sweti Agrawal Vs Shyam Agrawal

Mohd. Tahawwer Khan and 6 Others Vs State of U P and 6 Others

Sarita Singh Vs State of U P and Another

Suman Devi Vs State of U.P. and 3 Others

Lakh Patti Devi Vs State of U.P. and 5 Others

Manoj Kumar Kanaujiya Vs State of U P and 3 Others