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Judgment
1) Heard the learned counsel for the parties.
2) The appellant has called in question the correctness and validity of order dated 03.08.2017 passed in WPC- 2145 of 2017 and order dated
18.09.2017 passed in Review petition- 99 of 2017. wa 10 of 2018
3) Learned counsel for the appellant submits that the land in dispute in respect of which certain favourable orders were passed in favour of
respondent- 5 were all illegal. He would submit that earlier, the dispute had already travelled up to this Court. He further submits that the land belongs
to the Government and therefore, the orders which were passed by the Commissioner, enforcement of which was sought through the Writ Petition,
itself is illegal. It is also submitted that the said order is already under challenge in the revision before the Board of Revenue.
4) It appears that the Writ Petition was disposed of by the learned Single Judge taking into consideration that there exists order of the Commissioner
passed on 29.03.2016. When the petitioner filed a Review Petition, the learned Single Judge dismissed the same though observing that the petitioner is
free to submit before the Collector and Sub-Divisional Officer, the order passed by the Board of Revenue, if any, which shall be considered by the
Revenue authorities.
5) In our opinion, those observations fully protect the interest of the appellant. Therefore, as the appellant has already approached before the Board of
Revenue and he has all other remedies open for him in case he is not granted relief by the Board of Revenue, we are not inclined to keep the matter
pending. Subject to above observation, the appeal is dismissed.
6) It is made clear that the order has been passed by the learned Single Judge on the presumption that the order of the Commissioner is in existence.
As it has been brought to the notice of this Court that the Order of the Commissioner has been challenged before the Board of wa 10 of 2018
Revenue, it has to be clarified that the order passed by the learned Single Judge shall not come in the way of the Board of Revenue in examining the
order passed by the Commissioner on its own merits and in accordance with law.