NASEEBUN NISA Vs. BOARD OF REVENUE

JUDGEMENT

(1.) HEARD Sri S.G. Husnain learned Senior Counsel assisted by Sri Govind Krishna, learned Counsel for the petitioner, learned Standing Counsel for the State respondents and Sri J.J. Munir, learned Counsel appearing for the respondents. This writ petition has been filed for issuing a writ of certiorari quashing the order dated 11.4.2014 passed by the learned Member Board of Revenue to the extent it has set aside the previous order dated 27.8.2012 (wrongly mentioned as 23.8.2012 therein).

(2.) THE facts giving rise to this case are that the respondents No. 3 to 6 filed an application under section 34 of U.P. Land Revenue Act, 1901 seeking mutation of their names over the property of one Manzoor Ahmed the opposite party in the aforesaid case. The case was numbered as 94/126/181/257/1451 (Manzar Ali v. Manzoor Ahmed). The aforesaid application was allowed by the Tehsildar Sagari, District Azamgarh vide order dated 2.7.2012. Challenging the aforesaid order, the petitioner filed Revision No. 2394/LR/2011 -12 (Naseebun Nisa v. Manzar Ali and others). The revision was entertained and the order impugned was stayed until further orders. Thereafter the revision was admitted and notices were issued on 23.8.2012. The petitioner has brought on record the order -sheet, which indicates that in the matter, various dates were fixed consecutively but no effective order was passed. However, on 11.4.2014, the learned Member Board of Revenue all of sudden has set aside the order dated 23.8.2012 and allowed the amendment application. For appreciation, the order dated 11.4.2014 passed by the learned Member Board of Revenue is reproduced hereinunder: - -

(3.) WHILE refuting the submissions of learned Counsel for the petitioner, Sri J.J. Munir, learned Counsel for contesting respondents submits that the revision itself was not maintainable for the reasons that against the order dated 2.7.2012 passed by the Tehsildar, the petitioner has filed an Appeal No. 95 (Naseebun Nisa v. Manzar Ali and others) and withdraw the same unconditionally.