CHABINATH Vs. BOARD OF REVENUE ALLD

JUDGEMENT

(1.) Heard Shri B.B.Paul, counsel for the petitioners and Shri Anil Kumar Mishra, counsel for the respondents.

(2.) The present writ petition has been filed against the orders dated 12.3.2015 and 2.6.2015 passed by the Board of Revenue at Allahabad in Revision no. 31 of 2011 and Review No. 1 of 2015 respectively.

(3.) Revision No.31 of 2011 was filed by the contesting respondents against the order dated 7.5.2012 and 30.4.2012 passed by the Collector, Sant Ravidas Nagar whereby the allotment made in favour of respondent nos.6 to 23 and other allottees had been cancelled. The Board of Revenue after considering the records of the case has recorded a finding that the impugned orders were passed without giving any opportunity of hearing to the allottees and without giving them any opportunity to produce their evidence to defend the allotments made in their favour and no notices were served on the allottees and also on the ground that the orders were passed by the Collector merely relying on the report of the Tahsildar. Consequently, the Board of Revenue vide its order dated 12.3.2015 set aside the order passed by the Collector and remanded back the matter to the Collector to pass fresh orders in accordance with law in light of the observations made in the order passed by the Board of Revenue and after giving an opportunity of hearing to the allottees. The review application filed by the petitioners for review of the order dated 12.3.2015 was dismissed by the Board of Revenue vide its order dated 2.6.2015.