AVADH NARAYAN SHARMA Vs. BOARD OF REVENUE U.P.
LAWS(ALL)-2020-3-72
HIGH COURT OF ALLAHABAD
Decided on March 16,2020

Avadh Narayan Sharma Appellant
VERSUS
BOARD OF REVENUE U.P. Respondents

JUDGEMENT

PRAKASH PADIA,J. - (1.) The petitioners have preferred the present writ petition under Article 226 of the Constitution of India inter-alia with the following prayers:- 'i. issue a writ, order or direction in the nature of mandamus directing the respondent No.1 to decide the revision no. 1942 of 2015 ( Avadh Narayan Sharma and another v. Hanuman Ji and others ) pending before him expeditiously within time bound limit, as may be stipulated by this Hon'ble Court.'
(2.) It appears from perusal of the record that Arazi being Khasra Nos. 230, 231, 230-M and 231 was recorded in the name of father of petitioner No.1 and respondent No.5 as well as the husband of the petitioner No.2 namely Ram Sunder, who inherited the same from his father. It is further stated that the aforesaid persons are in possession over the land in question. Ram Sunder died on 17.3.2009 It is further stated that the respondent Nos.2 to 4 behind the back of the petitioners and respondent No.5 filed suit No.375/333/318/116 under Section 229-B of U.P.Z.A. and L.R. Act. In the aforesaid suits, ex-parte decree was passed in favour of the respondent Nos.2 to 4 on 30.12.2011. When the petitioners came to know regarding the aforesaid order dated 30.12.2011, they preferred a revision before the respondent No.1/Board of Revenue, U.P. at Allahabad which was numbered as Revision No.1942 of 2015. The aforesaid revision has already been admitted, records from the Court below were summoned and notices were issued to the opposite parties. It is further stated that in the aforesaid revision, an interim order was also granted in favour of the petitioners by the respondent No.1 on 27.8.2015 which is continued even today. It is further stated that all the opposite parties have put their appearance before the respondent No.1 and the matter is ready for final disposal. It is further stated that the matter is pending consideration before the respondent No.1 from last several years. In the circumstances, the petitioners have preferred the present writ petition with the prayer to direct the respondent No.1 to decide the aforesaid revision No.1942 of 2015 ( Avadh Narayan Sharma and another v. Hanuman Ji and others ).
(3.) From perusal of the records, it appears that the matter is pending consideration before the respondent No.1 since 2015. It further appears from perusal of the order-sheets that though various dates were fixed in the aforesaid case from time to time but due to various reasons, no final decision has been taken in the matter.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.