- (1.) HEARD Sri S.C.Tripathi, learned counsel for the petitioner, learned standing counsel for the State respondents, Sri P.N.Saxena, learned senior counsel assisted by Sri Yogendra Kumar, learned counsel for respondent nos. 3 and 4 and Sri Manoj Kumar Yadav, learned counsel for the Gaon Sabha.
(2.) THIS writ petition has been filed for issuing a writ of certiorari quashing the impugned order dated 9.10.2013 passed by the Additional Commissioner -I, Varanasi Division, Varanasi in Revision No. 92 of 2013 ( Santosh Kumar vs. Ashok and others) by which the delay in filing the revision has been condoned and on the same day by the composite order the revision has been allowed and the order impugned in the revision dated 26.11.2007 passed by the Sub Divisional Officer, Jaunpur passed in Suit No. 37 under section 33/39 of the U.P. Land Revenue Act, 1901 (Ashok Kumar vs. Gaon Sabha) has been set aside.
(3.) SRI P.N.Saxena, learned senior counsel for the respondent has raised a preliminary objection with regard to maintainability of the writ petition on the ground of the availability of statutory alternative remedy of Revision before the Board of Revenue. In support of his submission he has placed reliance upon the Full Bench judgment of this Court in Km. Mamta Jauhari vs. State of Uttar Pradesh, 1998 LawSuit(All) 983. Refuting the submission of the learned counsel for the respondent, Sri S.C.Tripathi, learned counsel for the petitioner submitted that although there is availability of alternative remedy of revision but as the impugned order is without jurisdiction and has been passed in breach of principle of natural justice, therefore, there would be no bar in entertaining the writ petition before this Court. In support of his submission he has placed reliance upon the following decisions: 1.Mt. Shahzadi Begum vs. Alok Nath and others, 1935 AIR(All) 620; 2.State of West Bengal and others vs. Somdeb Bandyopadhayay and ors., 2009 AIR(SC) 1989 3.Jahirunnisha, Patni Newas Ali Niwasi Gram Prasa Hazzam Basti vs. Up Sanchalak Chakbandi Basi and others, 2012 115 RevDec 375; 4.State of U.P. vs. Phota and etc, 1991 AIR(All) 229 5.Girja Shankar and another vs. Deputy Director of Consolidation Bhadoi, Cam at Gyanpur and others,1996 87 RC 465; 6.Ram Kali Devi (Smt) vs. Manager Punjab National Bank Shamshabad and others, 1998 9 SCC 558; 7.State of Jharkhand and Ors. vs. Ashok Kumar Chokhani and others, 2009 AIR(SC) 1927; 8. Suresh vs. State of U.P. And others,2008 105 RC 484; 9.Amitab Chaudhary vs. District Judge, Allahabad and another, 1985 AIR(All) 7; 10.Parbhu and another vs. Deputy Director of Consolidaton, Ghazipur and others, 2013 118 RevDec 48; 11.Jais Lal vs. Deputy Director of Consolidation, Jaunpur and others, 2014 122 RevDec 118; 12. Marihar Misra vs. Deputy Director of Consolidation Deoria and others, 2005 2 AWC 1111 13.Collector of Customs and Excise, Cochin and others vs. M/s A.S.Bava, 1968 AIR(SC) 13 and 14.Whirlpool Corporation vs. Registrar of Trade Marks, Mumbai and others, 1999 AIR(SC) 22.;