Advocates:
['ANIL KISHORE SHARMA', '', 'PREM SHANKAR MISHRA', 'C S C', '', 'MAHIPAL SINGH', 'ARUN KUMAR SRIVASTAVA']

Court No. - 50

Case :- WRIT - B No. - 34598 of 2017

Petitioner :- Rati Ram

Respondent :- Om Prakash And 2 Others

Counsel for Petitioner :- Anil Kishore Sharma

Counsel for Respondent :- C.S.C.,Arun Kumar Srivastava,Mahipal Singh

Hon'ble Salil Kumar Rai,J.

Heard Sri A.K. Sharma, the counsel for the petitioner and Sri

Mahipal Singh, Advocate representing the respondent no.1.

The present writ petition has been filed against the order dated

25.1.2017 passed by the Board of Revenue, Uttar Pradesh at

Allahabad.

Through order dated 25.1.2017, the Board of Revenue has

allowed the restoration application filed by the respondent no.1

to restore the reference submitted to him by the Additional

Commissioner. The proceedings relate to cancellation of

allotment made in favour of respondent no.1.

It has been argued by the counsel for the petitioner that the

reference has been wrongly restored as the delay of 8 years in

filing the restoration application had not been satisfactorily

explained by the respondents and a certified copy of the order-

sheet of the case which has been handed over to the Court

during the course of argument reveals that the conduct of

respondent no. 1 was not bona fide and the respondent no. 1

was only trying to delay the proceedings to prevent his eviction

from the disputed plot.

The Court is not entering into the merits of the arguments raised

by the counsel for the petitioner as the matter relates to

allotment of plot to respondent no. 1 on which his livelihood is

dependent and, therefore, it is not a fit case for interference by

this Court in its equitable jurisdiction against the order of the

Board of Revenue restoring the reference to be heard on merits.

However, in the interest of justice, the Board of Revenue, Uttar

Pradesh at Allahabad, i.e., respondent no. 3 is directed to decide

the reference restored through order dated 25.1.2017 within a

period of three months from today without granting any

unnecessary adjournments to either of the parties.

It is clarified that the Board of Revenue shall, in any case,

dispose of the reference by 13th April, 2020. The parties shall

appear before the Board of Revenue, Uttar Pradesh at Allahabad

on 23rd January, 2020 on which date the Board of Revenue may

either hear the reference or fix any date for hearing.

The parties are represented by their counsel and, therefore, it is

presumed that they have notice of the date fixed before the

Board of Revenue.

With the aforesaid direction, the writ petition is disposed of.

Order Date :- 13.1.2020

Radhika