ATRUNNISHA AND ORS. Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2015-2-251
HIGH COURT OF ALLAHABAD
Decided on February 16,2015

Atrunnisha And Ors. Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

Ran Vijai Singh, J. - (1.) HEARD Sri J.N. Shrama, learned Counsel for the petitioners, learned Standing Counsel appearing for the State -respondents and Sri R.S. Yadav, learned Counsel for the respondent No. 4. By means of the present writ petition the petitioners have prayed for issuing a writ of certiorari quashing the order 9.1.2015 passed by the Chairman, Board of Revenue, U.P. at Lucknow in Revision No. 117 of 2014 by which the matter has been sent before the Divisional Commissioner of the concerned Division by granting an interim protection staying the order dated 15.3.2014 passed by the Tehsildar for hearing the matter on the maintainability of the mutation application and the order dated 20.3.2014 passed by the Sub -Divisional Officer in Appeal No. 15 of 2014 (Taj Mohd. v. Atrunnisan and others) by which the appeal has been dismissed holding it to be not maintainable and returning the record to the Tehsildar to decide the case on merit.
(2.) THE facts giving rise to the present case are that the petitioners herein have filed a mutation application before the Tehsildar, Belthra Road, Ballia which was numbered as Case No. 130. In the aforesaid case, it appears that the respondents have filed an objection regarding maintainability of the mutation application. On 15.3.2014 the fixed 203.2014 for disposal of objection regarding of objection regarding maintainability of the mutation application. Against the aforesaid order the respondents herein have filed Appeal No. 15 of 2014 (Taj Mohd. v. Atrunnisan and others) under section 210 of the U.P. Land Revenue Act. Pending appeal this Court was approached through Writ C No. 26123 of 2014 seeking a direction to decide the mutation application. It was argued before this Court that against the order dated 15.3.2014 appeal was not maintainable. This Court vide order dated 19.2.2014 has disposed of the writ petition with the direction to take this objection before the Sub -Divisional Officer and the Sub -Divisional Officer was directed to decide the objection of the petitioners regarding maintainability of the mutation application within three months. Pursuant thereto the order dated 18.6.2014 was passed by the Sub Divisional Officer holding the appeal not maintainable.
(3.) BOTH the orders dated 15.3.2014 and 18.6.2014 passed by the Tehsildar fixing a date for disposal of the objection regarding maintainability of the mutation application and the order dated 18.6.2014 dismissing the appeal as not maintainable, were made subject -matter of Revision No. 117 of 2014 in which the impugned order has been passed.;


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