JHABBAR Vs. BOARD OF REVENUE

JUDGEMENT

(1.) HEARD Sri K.N. Shukla, learned Counsel for the petitioner, learned Standing Counsel appearing for the State -respondents and Sri Vijai Bhan Singh, holding brief of Sri R.C. Upadhyay, learned Counsel for the Gaon Sabha. Through this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 31.3.2014 passed by learned Member, Board of Revenue in revision No. 105/2006 -07 (Jhabbar v. State) and order dated 23.4.2007 passed by Additional Commissioner, Azamgarh Division, Azamgarh in revision No. 82/M (State v. Jhabbar) and revision No. 121/147/M (State of U.P. v. Jhabbar). Vide order dated 23.4.2007, the learned Additional Commissioner had allowed the revisions filed by the State by setting aside the order dated 26.5.2003 passed by the Sub Divisional Officer with the direction to allot the land to the eligible persons with the liberty to the petitioner to apply for fresh allotment, whereas by the subsequent order dated 31.3.2014, the learned Member, Board of Revenue has dismissed the revision filed by the petitioner on the ground that no prejudice has been caused as the matter has been remanded back by the Additional Commissioner and the parties will have right to plead their case before the Court concerned.

(2.) WHILE assailing these orders, learned Counsel for the petitioner contends that the order passed by the learned Additional Commissioner was on merit and he has not remanded the matter before the Sub -Divisional Officer for fresh consideration. In fact, he has set aside the order passed in favour of the petitioner extending the benefit under section 122 -B(4 -F) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (in short, 'the Act') to the petitioner. In his submissions, learned Member, Board of Revenue has erred in treating the order passed by the learned Additional Commissioner as an order of remand, therefore, both the orders deserve to be quashed and the writ petition deserves to be allowed.

(3.) WITH the consent of the learned Counsel for the parties, the writ petition is taken up for final disposal.