Court No. - 6 Case :- WRIT - C No. - 4568 of 2010 Petitioner :- Raja Ram (Since Deceased) And Others Respondent :- Board Of Revenue, U.P. Allahabad And Others Petitioner Counsel :- Abdul Majeed,Sayeed Saif Ullah,Sufia Saba Respondent Counsel :- C.S.C.,B. Ojha,P.K. Singh Hon'ble Pankaj Mithal,J.
Heard Ms. Sufia Sabha, learned counsel for the petitioners, learned
Standing counsel for respondents no. 1 and 2 and Sri Brijesh Ojah
learned counsel for respondent no. 3. Sri P.K. Singh learned
counsel has accepted notice on behalf of respondent no. 4.
Petitioners suit under Section 229-B of U.P. Zamindari Abolition
and Reforms Act was decreed, against which, an appeal has been
preferred by the respondent no. 3 which is pending before the
Commissioner. The appeal has been registered as appeal no. 65 of
2005 Nagar Nigam Vs. Raj Ram (Deceased) and others and at
present is pending before the Additional Commissioner,
Moradabad. Petitioners applied for transfer of the said appeal to
some other officer before the Board of Revenue. The said
application is pending wherein interim order was passed staying
the proceedings of the appeal but the said interim order was time
bound and on account of non extension on one of the dates, the
interim order has come to an end. Petitioners application for
extension of the said interim order is pending.
Now by means of this writ petition petitioners has made a prayer
to issue a writ in the nature of mandamus to respondent no. 2 not
to decide the appeal pending before him and for transfer of appeal
to some other officer.
I am afraid none of reliefs as prayed for by the petitioners can be
granted in writ jurisdiction.
The petitioners application for transfer is pending before the Board
of Revenue. The matter as to whether the appeal has to be
transferred or not is yet to be considered by the Board of Revenue
and therefore there is no occasion for this Court to intervene in
the matter at this stage. As far as as the direction not to decide the
appeal is concerned, it is tirite to mention that once a statutory
appeal has been preferred by any of the parties aggrieved the
authority is under an obligation to decide the same promptly in
accordance with law provided there is no legal impediment. Now
in the instant case admittedly the interim order staying
proceedings of the appeal passed by the Board of Revenue is no
longer in existence as on date, therefore, there is no justifiable
reason for this Court to intervene in the matter and to issue any
direction to the respondent no. 2 from refraining itself from
deciding the appeal.
The writ petition as such is thoroughly misconceived and is
dismissed.
Petitioners are at liberty to press the application for extension of
interim stay before the Board of Revenue or to get the transfer
application decided expeditiously.
Order Date :- 1.2.2010
SKS