MAZAR SHARIF BABA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Dharm Raj Mishra, learned counsel for the petitioners, Shri Hemant Pandey, learned Standing Counsel for the State and perused the material placed on record.

(2.) By means of the instant petition, the petitioners have assailed the order dtd. 3/11/2023 and the order dtd. 19/5/2018 passed by the respondent Nos. 1 and 2 respectively.

(3.) Contention of the learned counsel for the petitioners is that initially an order was passed on an application under Sec. 33/39 of U.P. Land Revenue Act, 1901 (hereinafter referred to as "Act, 1901") thereafter, the recall application was moved by the SHO, Sadullah Nagar and that was heard and the order was passed on 19/5/2018, whereas the learned Court below recalled the order dtd. 27/6/2013 and consigned the record, though, it was not heard on merit. He added that against the order dtd. 19/5/2018, he preferred a revision bearing No. 00924 of 2018 under Sec. 219 of the Act, 1901, which was decided by the Revisional Court vide order dtd. 3/11/2023, which is under challenge. He added that in fact, vide order dtd. 3/11/2023, the Court below was directed to hear the parties on merits, though, the order impugned dtd. 19/5/2018 is not set aside. He submits that unless the order dtd. 19/5/2018 remain in existence, no order could have been passed, therefore, submission is that the order dtd. 19/5/2018 and 3/11/2023 may be set aside as the same are erroneous.