R.H. Zaidi, J. - (1.) Heard learned counsel for the petitioner and also learned Standing Counsel.
(2.) The dispute relates to the plot No. measuring 4 Bigha 16 Biswas, hereinafter referred to as 'the plot in dispute'. The petitioner and his brother purchased the plot in dispute from Baldev, the respondent No. 5, who was the owner/Bhumidhar of the said plot, through a registered sale deed dated 20.11.1996. The said plot was subsequently put to public auction and was sold in favour of respondent No. 5. The auction sale was confirmed on 23.11.1991 Challenging the validity of the said order, petitioner filed an appeal which was also dismissed on 11.9.2000 by the Commissioner, Allahabad Division, Allahabad. The petitioner, thereafter filed a revision under Section 333 of the U.P. Zamindari Abolition and Land Reforms Act against the order of Commissioner dated 11.9.2000. The revision filed by the petitioner was admitted by the respondent No. 2 and was registered as Revision No. 5/2000-2001 by order dated 7.12.2000. The petitioner also applied for grant of interim relief, which was granted by the respondent No. 2. In the case, thereafter, several dates were fixed. It was on 21.3.2001 that respondent No. 2, the Board of Revenue, U.P., Allahabad passed the order recalling the order dated 7.12.2000 and the Registrar was also directed to transmit the record of the case to Lucknow immediately. Hence, the present petition mainly for issuance of a writ, order or direction in the nature of certiorari quashing the judgment and order dated 21.3.2001 passed by respondent No. 2 and commanding the said respondent to decide the representation filed by the petitioner on merits.
(3.) Before the respondent No. 2, the respondents filed an application for recalling the order dated 7.12.2000 passed in Revision No. 5/2000-2001. It was urged before the court below that revision under the U.P. Land Revenue Act could not be filed at Allahabad and that order passed by the Board of Revenue at Allahabad admitting the revision and granting the interim order was wholly without jurisdiction. The respondent No. 2 upheld the objection and the Registrar of the Board of Revenue was directed to transmit the file to Lucknow immediately for disposal in accordance with law. The said order is quoted below:- "In this case the learned counsel for the opposite parties has moved an application for recalling the order dated 7.12.2000 passed in Revision No. 5 of 2000-2001 (Ramdeo v. State of U.P. and others). Since the jurisdiction of cases under Rule 285-1 of the U.P.Z.A. and L.R. Rules does not lie in the Board of Revenue, U.P., Allahabad, therefore, the order dated 7.12.2000 is recalled. Registrar, Board of Revenue, is directed to send the file to Lucknow, Board of Revenue, immediately for disposal according to law.";