RAFI ULLAH Vs. ASSISTANT DIRECTOR CONSOLIDATION, SULTANPUR, CAMP

JUDGEMENT

(1.) The Writ Petition is directed against the order of the Revisional Court dated 17-2-1988, contend in Annexure 7 attached to the Writ Petition. The argument advanced on behalf of the petitioner before me is that the order of remand is unnecessary in the facts and circumstances of the present case.

(2.) It has also been suggested that the revisional Court had earlier decided the appeal therefore, it was not proper on the part of the revisional court to have decided the revision petition.

(3.) After reading the impugned order, I think that no irreparable loss has occurred to the petitioner. The matter will be dealt with by the appellate authority in view of the observation made by the revisional Court in its judgment dated 17-2-1988. For the sake of argument, if it is annexed that the revisional court should not have decided the revision petition if it had decided the appeal on earlier occasion. I think that no irreparable loss has occurred to the petitioner and the petitioner had not raised any objection before the revisional court that it could not decide the revision petition. True, that some appeal in the litigation giving rise to the present writ petition was decided by the revisional Court as an appellate Court but the order passed by the appellate Court was different order which case up before opposite Party No. 1 to be examined as a revisional court. Therefore, I am unable to accept the contention of the learned Counsel for the Petitioner that the revisional court could not decide the revision petition in the facts and circumstances of the present case.