GOVIND BALLABH Vs. ANIL KUMAR

JUDGEMENT

(1.) Heard Mr. Pradeep Kumar, learned senior counsel assisted by Mr. Praveen Kuumar, learned counsel for the petitioner, Mr. Prashant Shukla, learned counsel for respondent Nos. 1 and 2, Mr. Hari Narayan Singh, learned counsel for gaon sabha and Mr. Sharad Chandra Singh, learned Additional Chief Standing Counsel for the State-respondents.

(2.) Brief facts of the case that proceeding under Sec. 38 (2) of U.P. Revenue Code 2006 has been initiated on 12/6/2023 by the private respondent Nos. 1 and 2. In the aforementioned proceeding, an injunction has been granted on 16/6/2023 by the Sub-Divisional Officer. Against the order of injunction dtd. 16/6/2023 granted by Sub-Divisional Officer, revision under Sec. 210 of U.P. Revenue Code, 2006 was filed by petitioner before the Commissioner. The aforementioned revision was registered as case No. 1741 of 2023. The aforementioned revision was heard by Additional Commissioner, Judicial (first), Kanpur and the same was allowed in part setting order dtd. 16/6/2023 passed by Sub-Divisional Officer and matter was remitted back before the Sub-Divisional Officer to decide the proceeding after affording proper opportunity of hearing to the interested parties in accordance with law. Against the order of Additional Commissioner dtd. 23/3/2024, revision was filed by private respondent under Sec. 210 before the board of revenue, which was registered as revision No. 1096 of 2024. The aforementioned revision was heard by board of revenue and the same was allowed vide order dtd. 28/5/2024 setting aside the order of Additional Commissioner dtd. 23/3/2024. Hence, the instant writ petition filed for the following relief :

(3.) This court entertained the matter on 18/7/2024 and granted interim order in the matter, which runs as under :