Petition under Article 227 sought expeditious disposal of a revision before the Board of Revenue concerning mutation proceedings. The Court found no accentuating circumstances warranting expedition, left petitioners free to move an application before the court concerned, and disposed of the petition.
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Neutral Citation No. - 2024:AHC-LKO:45357
Court No. - 8
Case :- MATTERS UNDER ARTICLE 227 No. - 2928 of 2024
Petitioner :- Mohokha Devi And Another Respondent :- Board Of Revenue U.P. Lko Thru. Secy. And Others
Counsel for Petitioner :- Santosh Kumar Counsel for Respondent :- C.S.C.,Anil Kumar Tiwari,Anil Kumar Yadav
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioners. Notice on behalf of respondent nos.1 and 2 has been accepted by the office of Chief Standing counsel.
The petitioners have approached this Court for expeditious disposal of revision preferred by the private respondent no.3 pending before the Board of Revenue at Lucknow.
Submission of learned counsel for the petitioners is that mutation proceedings were initiated and in the earlier round of litigation, the matter had come up before this Court in Writ B no.344 of 2023 (Balram Yadav and ors vs Board of Revenue). A coordinate Bench of this Court by means of order dated 01.05.2023 had directed the respondent no.2 to decide the issue strictly in accordance with the direction given by the Board of Revenue.
It is further submitted that in pursuance of such direction the matter came to be decided on 15.09.2023. Against the said order, the private respondent no.3 has preferred a revision before the Board of Revenue registered as Revision no.65 of 2024 (Balram and ors vs State of U.P). It is in the aforesaid backdrop that the petitioners submits that an expedite order be passed.
Considering the aforesaid submission and perused the material on record, it is not disputed that the revision has been filed in the year, 2024 and from the perusal of the material available on record, there are no accentuating circumstances which may persuade this Court to pass any order of expedition at this stage.
Noticing the aforesaid, this Court provide that it is open for the petitioners to move an appropriate application before the court concerned and in case, such an application is given, it is
expected that the court concerned shall pass appropriate order who is already seized with the matter.
In view thereof, this Court is not inclined to entertain the petition which is disposed of in the aforesaid terms. Accordingly, the petition is disposed of.
It is made clear that in case, if any cause of action arises for expedition in future then this order shall not come in the way of the petitioner.
Order Date :- 4.7.2024 Harshita
Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the revision pending before the Board of Revenue should be expedited.
1 provisions across 1 enactments
Mohokha Devi And Another
Board Of Revenue U.P. Lko Thru. Secy.
Balram and ors
Jaspreet Singh
As recorded by the court registry
4 orders share this CNR
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