Court emphasized the necessity of maintaining interim orders during appeal proceedings and directing merits-based adjudication.

JUDGMENT :

CHANDRA KUMAR RAI, J.

1. Heard Mr. Gauri Shankar Yadav, learned counsel for the petitioners, Mr. S.K. Chaubey, learned counsel for respondent No.5, Mr. Tarun Gaur, learned Standing Counsel for the State-respondent, Mr. Bhupendra Kumar Tripathi, learned counsel for Gram Sabha and Mr. Awadh Narain Rai, learned counsel for respondent Nos.7, 8 and 12.

2. Brief facts of the case are that respondent No.5 filed a suit under Section 116 of U.P. Revenue Code, 2006 for partition impleading petitioners as well as respondent Nos. 6 to 12 as defendants in respect to plots of Khata Nos. 171, 172, 173, 174, 175 situated at Village-Chaurabhoj, Pargana-Pachotar, Teshil-Sadar, District-Ghazipur. Trial Court/Sub Divisional Officer passed the Preliminary decree dated 30.09.2019. In pursuance of the preliminary decree dated 30.09.2019 Lekhpal submitted Kurra on 01.11.2019 which was confirmed vide order dated 29.07.2020. Petitioner No.2 challenged the judgment and decree dated 29.07.2020/30.07.2020 through revision before Commissioner on 01.01.2022 along with prayer for codonation of delay which was registered as case No.1 of 2022 computerized Case No. C20221400000001. Commissioner vide order dated 20.04.2022 admitted the revision, issued notices to the opposite parties, summoned the record of the proceeding and transferred the proceedings of revision before the Additional Commissioner (Judicial-Second). Plaintiff/respondent executed two sale-deed on 10.05.2022 and 12.05.2022 in respect to disputed plots accordingly petitioner No.2 filed an application dated 27.05.2022 in the aforementioned revison to restrain the plaintiff/respondent No.5 from creating third party interest in respect to plot in dispute accordingly Additional Commissioner vide order dated 27.05.2022 directed that nature of the property shall not be changed and no sale shall be made by the parties. Petitioner No.2 filed an application dated 29.06.2022 in the aforementioned revision to treat the revision as appeal under Section 207 of U.P. Revenue Code, 2006. Additional Commissioner vide order dated 31.10.2022 allowed the application dated 29.06.2022 to convert the revision in appeal. Plaintiff-respondent No.5 challenged the orders dated 20.04.2022, 27.05.2022 and 29.06.2022 in revision under Section 210 of U.P. Revenue Code, 2006 which was registered as revision No.3330 of 2022, before Board of Revenue. The aforementioned revision has been allowed by learned member, Board of Revenue vide order dated 20.03.2024 setting aside the order dated 20.04.2022, 27.05.2022, 31.10.2022. Hence this writ petition on behalf of petitioners for following relief:-

"(1) issue a writ, order or direction in the nature of certiorari, calling for the records of the case and quashing the impgue3nd order dated 20.03.2024 passed by respondent No.2/Board of Revenue U.P. at Allahabad in Revision No.3330 of 20022 (Ramji Rai versus Commissioner, Varanasi Division, Varanasi and others) U/s 210 of U.P. Revenue Code, 2006 (Annexure No.1 to this writ petition).

(2) Issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent No.5, not to transfer or change the nature of the properties shown in khatauni Fasli year 1424-1429 i.e. khata No.00171, 00172, 00173, 000174 and 00175 situated in village Chaurabhoj, Pergana-Pachotar, Tehsil and District-Ghazipur during the pendency of the instant writ petiton before this Hon'ble Court."

3. This Court entertained the matter on 08.07.2024 and granted interim protection in the matter.

4. In pursuance of the order dated 08.07.2024 counter affidavit has been filed on behalf of respondent No.5 along with application for vacation of interim order dat