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2025 DAILYLAW 124196 (ALL)

BALAK RAM v. BOARD OF REVENUE, LKO. THRU. CHAIRMAN AND ANOTHER

A227/874/2025 · 2025-02-28

Jaspreet Singh

body2025

Judgment text

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Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 874 of 2025 Petitioner :- Balak Ram Respondent :- Board Of Revenue, Lko. Thru. Chairman And Another Counsel for Petitioner :- Ashok Kumar Pathak,Mayank Tiwari Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of respondent no. 1 has been accepted by the office of the learned Chief Standing Counsel. This Court by means of order dated 27.02.2025 had granted time to the learned Standing Counsel to seek instructions as to why the application for early listing was rejected when the revision itself had been pending since 2008. In pursuance of the same, Sri J.S. Tomar, learned Standing Counsel has provided a copy of the written instructions under the signatures of the Registrar, Board of Revenue dated 27.02.2025 wherein it has been stated that earlier the petitioner had moved an application for early hearing on 02.08.2023. On the said application, next date i.e. 10.08.2023 was fixed, however, since the Court did not hold the sitting, consequently, the matter could not be taken up and thereafter when the application for early listing was moved, the same has been rejected by the Court dated 19.09.2024 on the premise that his earlier application which was moved had rejected and the purpose of early listing stands exhausted. Having considered the aforesaid written instructions, since this Court is pained to see that the said reasoning given by the Registrar is per se arbitrary. The logic with which the written instructions had been given is apparently erroneous. The revision is apparently pending since 2008 and in case if the Court was not in session on 10.08.2023 and the application for listing had been moved, this Could not have been the reason for the petitioner who had been non-suited for not holding the Court by the Presiding Officer of the court concerned. This Court cautions the Registrar, Board of Revenue that henceforth any instructions which are called for must be supported by some logical reasoning except in the manner in which it has been stated. The Court takes exception herewith. Let this order be circulated before the Chairman of the Board of Revenue. Since the revision is pending since 2008, the Court deems appropriate to expedite the Revision bearing No. 1387/2008-2009, Computerized Case No. R200919810036841 under Section 219 of the Land Revenue Act and it shall be decided without granting any unnecessary adjournments to either of the parties and the matter may be decided preferrably within a period of 3 months from the date, a certified copy of this order is placed before the Authority concerned. With the aforesaid observations, the petition shall stands disposed of. Order Date :- 28.2.2025 Asheesh/- Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench