JASVEER SINGH Vs. BOARD OF REVENUE UTTARAKHAND

JUDGEMENT

(1.) Present writ petition, under Article 227 of the Constitution of India, has been filed on behalf of the petitioner seeking writ in the nature of certiorari, quashing the impugned judgment and order dtd. 30/1/2019 passed by the learned Board of Revenue Uttarakhand, Dehradun in Revision No. 114/2018-19, Satveer Singh vs. Jasveer Singh and others to the extent whereby the parties have been directed to maintain status quo regarding land in dispute.

(2.) Brief facts, of the case, are that respondent no. 2 instituted a Suit No. 21 of 2014-15 before the Court of Assistant Collector, 1st Class, Roorkee for partition. During the pendency of the suit, plaintiff filed an interim injunction application stating therein that parties be restrained not to create any third party interest. Assistant Collector, 1st Class passed an order dtd. 29/8/2018 whereby parties were directed not to change the nature of the property in dispute and not to sell the same till the next date. Thereafter, on 31/8/2018 interim order was extended, and, again on 24/12/2018 interim order was extended. Feeling aggrieved, by the orders dtd. 31/8/2018 and 24/12/2018, petitioner preferred revision before the Additional Commissioner, Garhwal Mandal, Pauri, Camp Dehradun. Additional Commissioner, Garhwal Mandal, Pauri Camp, Dehradun passed the following order:-

(3.) Feeling aggrieved, respondent no. 2 preferred revision no. 114 of 2018-19 before the Board of Revenue Uttarakhand Dehradun. Board of Revenue has recorded the finding that the order dtd. 9/1/2019 passed by the Additional Commissioner, Garhwal Mandal Pauri is interlocutory order, against which revision is not maintainable and dismissed the revision as premature and not maintainable, directing the Additional Commissioner, Garhwal Mandal, Pauri that in case any application is being filed by the plaintiff against the order dtd. 9/1/2019, same shall be decided after giving full opportunity of hearing to the parties and directed the parties to maintain status qua land in question till the decision of revision. Hence, present writ petition.