Lal Singh vs Board of Revenue

S.C. Chaurasia, J.—Heard Learned Counsel for petitioner, Sri Nirmal Tiwari, learned Additional Chief Standing Counsel and perused the record.

This writ petition under Article 226 of the Constitution of India has been filed with the prayer that a writ, order or direction in the nature of Certiorari may be issued quashing the impugned orders passed by the opposite parties Nos. 2 & 1, contained as Annexure Nos. 1 & 3 to the writ petition and the opposite parties Nos. 1 to 4 may be directed not to dispossess the petitioner.

Learned Counsel for petitioner has submitted that the opposite party No. 1 has committed illegality in dismissing the revision on the ground that the revision is not maintainable against the order dated 18.12.1985 passed by the learned Additional Commissioner, Agra Division in a proceeding for sale under Rule 285-I of U.P.ZA. & L.R. Rules. He has drawn my attention towards the Full Bench judgment of this Court reported in 1990 RD 291 Ram Swaroop v. Board of Revenue and submitted that in the sale matter also, the Commissioner works as quasi-judicial authority and a revision is maintainable against the said order u/s 219 of the U.P. Land Revenue Act.

The learned Additional Chief Standing Counsel has not disputed the said proposition of law.

In view of above, a writ in the nature of Certiorari is issued quashing the impugned order dated 11.02.1986 passed by opposite party No. 1 in revision No. 6 (Sale) 85-86/District Aligarh - Lal Singh v. Shamsher Singh and Ors. contained as Annexure No. 3 to the writ petition. The said revision is restored to its original number. The opposite party No. 1 is directed to dispose of the said revision expeditiously in accordance with law, preferably within a period of four months from the date a certified copy of the order of this Court is filed in the said Court.

With these observations/directions the writ petition stands disposed of finally.