OM NARAYAN AND OTHERS v. BOARD OF REVENUE, U.P. LKO. THRU. CHAIRMAN AND OTHERS
WRIB/102/2025 · 2025-02-05
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121518 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121518 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:7380 Court No. - 8 Case :- WRIT - B No. - 102 of 2025 Petitioner :- Om Narayan And Others Respondent :- Board Of Revenue, U.P. Lko. Thru. Chairman And Others Counsel for Petitioner :- Nitya Nand Mani Tripathi Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. Notice on behalf of respondent no.1 has been accepted by the ofÏce of learned Chief Standing Counsel. The petitioners are aggrieved by the order dated 6.5.2024 whereby the Board of Revenue has entertained the review application and while hearing on admission and admitting the same, it has further directed the revision to be restored to its original number. The submission is that since the order under review was passed on merits after hearing the parties concerned including the petitioners, then in such a case, if the Board of Revenue was of the opinion that the matter required to be reconsidered, at best it could have admitted the review but prior to allowing the same for revision to be argued on merits, it was necessary that the petitioners ought to have been heard. It is urged that by means of the order dated 27.5.2024, notices were issued to the respondents in the review, however the summons which were sent related to the revision. It is further submitted that the petitioners appeared before the respondent no.1 and filed their objections on 14.8.2024, a copy of which has been brought on record as Annexure No.8 and it is submitted that the same has not been considered and now the matter is listed before the court concerned on 15.4.2025. In the aforesaid circumstances, the petitioners have been deprived of an opportunity to address the review court on the review and by restoring the revision to its
original number, a jurisdictional error has been committed by the Board of Revenue. Considering the aforesaid submissions and the fact that the petitioners have already raised their objections which are engaging the attention of the Board of Revenue, this Court at this stage is not inclined to entertain the petition leaving it open for the petitioners to press their objections before the Board of Revenue.
In case if any application for early hearing is moved by the petitioners before the Board of Revenue, to press their objections which are pending since 14.8.2024, it is expected that the Board of Revenue shall entertain the same and after affording an opportunity to the parties, shall decide the objections first, before proceeding any further on the merits of the review. It is made clear that the Court has not examined the pleas of either of the parties on merits and the Board of Revenue shall decide the matter/ objections of the petitioners in accordance with law. The petition is disposed of in the aforesaid terms. Order Date :- 5.2.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench