MOHD. MOHSIN KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Indra Bhan Singh, learned counsel for the petitioners and the learned Standing Counsel appearing for the State-respondents.

(2.) Through this writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 25.5.2017 passed by the Commissioner Basti Division, Basti to the extent of rejection of stay application.

(3.) The facts of the case in brief are that against the petitioners, who happens to be ex-Pradhan and Gram Vikas Adhikari, respectively, an order under Sec. 27 of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the Act) was passed on 31.12.2015 for recovery of Rs. 1,87,797/- as arrears of land revenue. Aggrieved by the aforesaid order the petitioners herein have filed Civil Misc. Writ Petition No. 13064 of 2017 (Mohd. Mohsin Vs. State of U.P. and others). The aforesaid writ petition was disposed of on 29.2017 with the direction to avail the remedy of appeal. Pursuant to the aforesaid order, the petitioners, herein, have preferred an appeal before the Divisional Commissioner, Basti. The Divisional Commissioner, Basti although admitted the appeal, but rejected the stay application vide order dated 25.5.2017.