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Neutral Citation No. - 2025:AHC:91501 Court No. - 49 Case :- WRIT - B No. - 2194 of 2025 Petitioner :- Jamal And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashok Kumar Upadhyay,Yasharth Upadhyay Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble J.J. Munir,J. The petitioner's patta was cancelled vide order dated 19.01.2022 passed by the Additional District Magistrate (Finance and Revenue), District Jaunpur. Upon being revision preferred by the petitioner to the Board of Revenue, U.P. at Prayagraj, the revision has been allowed in part, the order dated 19.01.2022 set aside and the matter remanded for decision afresh after hearing parties and giving them opportunity of producing evidence. The impugned
order is an order of open remand.
Learned Counsel for the petitioner points out that some part of the land, which is said to be occupied, is, in fact, vacant. The purpose of a remand is to provide both parties an opportunity to lead evidence. It is settled law that generally the orders of remand are not interfered with by this Court in exercise of our jurisdiction under Article 226 of the Constitution, except when an illegality is pointed out, invariably affecting some jurisdictional fact. That is not the case here. In this view of the matter, no case for interference with the impugned order is made out. It is, however, directed that that the Additional Collector (Finance and Revenue), District Jaunpur will
decide the matter pursuant to the Board's remand order expeditiously, fixing two effective dates of hearing every week. This writ petition is disposed of in terms of the aforesaid orders. Let this order be communicated to the Additional District Magistrate (Finance and Revenue), District Jaunpur through the Chief Judicial Magistrate, DIstrict Jaunpur by the Registrar (Compliance) within 24 hours.
Order Date :- 28.5.2025 Deepak Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad