NISHANT POONIA Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri D.K. Tripathi, learned counsel for the petitioners, Mrs. Anita Srivastava, learned Counsel for respondent Nos. 4 to 6, learned Standing Counsel for respondent Nos. 1 to 3 and Sri Sunil Kumar Singh, learned counsel for respondent No. 7- Gaon Sabha.

(2.) With the consent of the learned counsel for the parties the writ petition is being disposed of finally at the admission stage.

(3.) Brief facts of the case are that the suit under Sec. 144 of U.P. Revenue Code, 2006 was filed before the trial Court by the plaintiffs-petitioners in respect of the disputed Khasra No. 105, 127 and 149, total area 2.6450 hectare. An application for interim relief under Sec. 146 of the U.P. Revenue Code, 2006 was also filed and learned trial Court granted interim order on 30/11/2019 to the effect that the authorities shall not alienate the property in dispute, by the subsequent order dtd. 7/9/2020 after hearing the counsel for the parties and even considering the provisions contained under Sec. 146 of U.P. Revenue Code, 2006 has confirmed the interim order dtd. 30/11/2019 passed earlier. Against the order dtd. 30/11/2019, defendants filed a Revision before the Court of Commissioner and learned Commissioner vide order dtd. 18/9/2020 allowed the Revision and set aside the order dtd. 7/9/2020 on the ground that the plaintiffs are not recorded in the revenue records, as such, they are not entitled to the interim injunction. Against the order of the Commissioner Court, Revision under Sec. 210 of the U.P. Revenue Code, 2006 was filed before the Board of Revenue. The Board of Revenue by the impugned order dismissed the Revision as not maintainable, hence this writ petition.