Disposed

Atwar Ahmad v. State of U.P. and 3 Others

Allahabad HC17 Nov 2022WRIB/2706/2022

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What is this about?

Court disposed of a writ petition seeking quashing of a Board of Revenue order. It found the underlying revision is pending before the Additional Commissioner. The court directed the Additional Commissioner to decide the revision within two months after affording a hearing to both parties.

What did the court decide?

Directed Additional Commissioner (Administration), Prayagraj to decide the pending revision within two months after affording hearing to both parties.

Atwar Ahmad Vs State of U.P. and 3 Others — Landlord and Tenant | Allahabad HC (2022)

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Court No. - 51

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Case :- WRIT - B No. - 2706 of 2022

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Petitioner :- Atwar Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Syed Mushfiq Ali Counsel for Respondent :- C.S.C.,Siddhartha Srivastava,Sudhir Kumar

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Hon'ble Siddharth,J.

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Heard Sri S. M. Ali, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Siddhartha Srivastava, learned counsel for respondent nos.3 and 4.

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Petitioner has approached this court praying for quashing of the order dated 09.09.2022 passed in Revision No.2365 of 2022 (Hooblal Vs. Abtaar Ahmad (Atwar Ahmad) and others passed by Board of Revenue, U.P at Prayagraj.

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Learned counsel for the petitioner submits that the revision has been allowed without opportunity of hearing to the petitioner and the order passed by the Additional Commissioner (Administration), Prayagraj Division, Prayagraj dated 05.02.2021, whereby the order of status quo was granted in favour of the petitioner has been set aside.

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Learned counsel for the respondent nos.3 and 4 has submitted that the order of revisional court does not suffers from any illegality. The order dated 05.02.2021 was passed by Additional Commissioner without affording opportunity of hearing to the other side and the delay was condoned and the revision was admitted for hearing and simultaneously order of status quo was also passed which was not in accordance with law and hence it has rightly been set aside by the Board of Revenue, U.P. at Prayagraj.

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After hearing rival contention of the parties, this court finds that the Revision No.130 of 2021, Atwar Ahmad Vs. Hooblal and others, under Section 219 of U.P. Land Revenue Act 1901 is still pending consideration before the Additional Commissioner (Administration), Prayragraj Division, Prayagraj.

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The writ petition is disposed of directing the Additional Commissioner (Administration), Prayragraj Division, Prayagraj to decide the aforesaid revision within the period of two months from the date of production of certified copy of this order by either of the parties.

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The Additional Commissioner (Administration), Prayragraj Division, Prayagraj after affording opportunity of hearing to both the parties on the delay condonation application filed along with revision & stay application will pass fresh order in accordance with law.

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The order of Board of Revenue will not come in way of independent exercise of discretion by the Additional Commissioner (Administration), Prayragraj Division, Prayagraj.

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Order Date :- 17.11.2022/SS

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Digitally signed by SURENDAR SINGH NARANG Date: 2022.11.17 15:31:22 IST Reason: Location: High Court of Judicature at Allahabad

Atwar Ahmad v. State of U.P. and 3 Others

Case brief

What is this about?

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Atwar Ahmad v. State of U.P. and 3 Others

Case brief

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