Court No. - 45

Case :- WRIT - B No. - 1062 of 2019

Petitioner :- Meena Devi

Respondent :- Board Of Revenue And 6 Others

Counsel for Petitioner :- Vindeshwari Prasad

Counsel for Respondent :- C.S.C.

Hon'ble Salil Kumar Rai,J.

Heard the counsel for the petitioner.

The present writ petition has been filed against the order dated

22.2.2018 of the Additional Commissioner (First), Allahabad

Division, Allahabad passed in Appeal No. C-20170200550 and

order dated 27.3.2019 passed by the Board of Revenue, Uttar

Pradesh at Allahabad in Revision No. REV/2587/2018,

Computerized Case No. AL20180242002587 (Meena Devi Vs.

Additional Commissioner).

On an application filed by the petitioner under Section 41 of the

Uttar Pradesh Land Revenue Act, 1901 (hereinafter referred to

as, 'Act, 1901'), the Revenue Inspector and the Naib Tehsildar

submitted their reports stating that the Bhumidhari plot of the

petitioner had been subsumed in the road and therefore the

boundaries be refixed according to the report. Against the

aforesaid reports submitted by the Revenue Inspector and the

Naib Tehsildar, respondent no. 3 filed his objections bringing to

the notice of the Court the alleged irregularities committed by

the Revenue Inspector and the Naib Tehsildar while preparing

the reports and the fact that the report was incomplete and did

not establish that land of the Bhumidhari plot of the petitioner

had been subsumed in the road. The Deputy District Magistrate,

Chayal, Kaushambi without considering the objections of

respondent no. 3 filed against the report of Naib Tehsildar

passed an order accepting the report dated 17.1.2012 of the

Revenue Inspector and directed that steps may be taken

accordingly. It is relevant to note that the respondent no. 3 had

filed objections against the report dated 17.1.2012 also and

therefore, the trial court had called for a report from the Naib

Tehsildar. The said order was passed by the Deputy District

Magistrate on 9.6.2017. Against the order dated 9.6.2017

passed by the Deputy District Magistrate, respondent no. 3 filed

Appeal No. C-20170200550 and the Additional Commissioner

(First), Allahabad Division, Allahabad vide his order dated

22.2.2018 allowed the said appeal and remanded back the

matter to the Deputy District Magistrate to pass fresh orders in

accordance with law and after giving appropriate reasons for

accepting the reports submitted by the Naib Tehsildar and the

Revenue Inspector. Aggrieved, the petitioner filed Revision No.

REV/2587/2018 (Computerized Case No. AL20180242002587)

before the Board of Revenue, Uttar Pradesh at Allahabad which

has been dismissed by the Board of Revenue vide its order

dated 27.3.2019. The orders dated 22.2.2018 and 27.3.2019

have been challenged in the present writ petition.

It is evident from the order dated 22.2.2018 that the reports

submitted by the Revenue Inspector and the Naib Tehsildar

were not confirmed by the said officers before the Deputy

District Magistrate. There is no averment in the writ petition

that the recital in the order dated 22.2.2018 passed by the

Additional Commissioner (First), Allahabad Division,

Allahabad to the aforesaid effect is wrong and the Revenue

Inspector had appeared before the Deputy District Magistrate to

confirm his report. A reading of the order dated 9.6.2017 passed

by the Deputy District Magistrate, Chayal, Kaushambi also

shows that in the said order, no reasons have been given by the

Deputy District Magistrate rejecting the objections filed by

respondent no. 3. There is no error in the order dated 22.2.2018

passed by the Additional Commissioner remanding back the

matter to the Deputy District Magistrate to pass fresh orders in

accordance with law. Apart from the above, the impugned order

dated 22.2.2018 passed by the Additional Commissioner is only

a remand order and the petitioner shall have the opportunity to

represent her case before the Deputy District Magistrate. In

vi