Najeer Ahamad vs Board Of Revenue And Others

Manoj Kumar Tiwari, J

Allotment of land made in favour of petitioner was cancelled by the Collector, Dehradun. Petitioner challenged the cancellation order in a Revision before the Board of Revenue, which was allowed. Respondent No. 3 has sought review of the order passed by Board of Revenue in favour of petitioner by moving an application.

Learned Board of Revenue passed order on the said review application of respondent No. 3, restraining the petitioner from creating third party interest over the land in question. Petitioner has challenged the said order in this writ petition.

Learned counsel for the petitioner submits that since review application has not been admitted, no interim order could have been passed on the review application.

This Court is not impressed by said submission. Allotment of land made in favour of petitioner was cancelled on the ground that the land in question is a water body which cannot be allotted to any person. If petitioner transfers the land in question to some third party, it will not only raise more complications but some innocent and gullible person would be made victim, as he would have to pay the price of land and he would get nothing on it, therefore, learned Board of Revenue has rightly restrained the parties from creating third party interest over the land in dispute.

Thus, there is no scope for interference in the matter. The writ petition is disposed of accordingly.