Allahabad High Court High Court

Noor Ali vs Additional Commissioner … on 6 January, 2010

Allahabad High Court
Noor Ali vs Additional Commissioner … on 6 January, 2010
Court No. - 6

Case :- WRIT - C No. - 69021 of 2009

Petitioner :- Noor Ali
Respondent :- Additional Commissioner Moradabad And Others
Petitioner Counsel :- Vikrant Gupta
Respondent Counsel :- C.S.C.

Hon'ble Arun Tandon,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the
State-respondents.

The Additional Commissioner, Moradabad Division, Moradabad has
dismissed the revision filed under Section 219 of the Land Revenue Act after
recording that the earlier order of mutation dated 26th April, 2008 has rightly
been recalled and the matter has been directed to be decided afresh after
affording opportunity of hearing to the parties concerned.

I am of the considered opinion that the order passed by the Additional
Commissioner is strictly in accordance with law. Even otherwise, such orders
which only permits an opportunity of hearing to the parties do not call for any
interference under Artricle 226 of the Constitution of India. The writ petition
is therefore, dismissed. However, it is provided that the proceedings of
mutation shall be decided on remand at the earliest possible and all the
objections raised by the petitioner shall also be considered and decided in
accordance with law.

Order Date :- 6.1.2010
Sushil/-