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Judicial Overreach Checked: Reprimands for 'Gross Abuse of Process'
In a stern rebuke to the , the recently set aside an order that had been passed without adherence to basic . The ruling, delivered by Justice Sanjeet Purohit during the summer vacation, highlighted the dangers of judicial authorities acting beyond the scope of their authority and ignoring mandatory procedural safeguards.
The Genesis of the Dispute
The matter originated from a suit for the declaration of and filed by the petitioner, Virendra Singh, before the in Jayal. While the petitioner sought protection for his property, a respondent (who was not initially a party to the suit) inexplicably moved a before the (BoR).
Without issuing any notice to the original parties, and even ignoring a pending application for the (), the BoR proceeded to pass an order on the very day of admission. Most alarmingly, the Board went beyond its jurisdiction by directing the trial court to implead the respondent—despite the fact that the respondent had never filed a formal application for impleadment before the court of first instance.
Arguments from the Bar
The petitioner’s counsel, , argued that the BoR’s actions were legally unsustainable. He highlighted three core issues: 1. Violation of Natural Justice: The order was passed , denying the petitioner an opportunity to be heard. 2. Procedural Lapses: The BoR bypassed mandatory procedural requirements, specifically the failure to decide the limitation application before disposing of the revision. 3. Lack of Maintainability: Invoking the precedent in , counsel contended that a against an ad-interim or is not maintainable under .
Counsel for the respondent, , candidly admitted that the order was passed in error and acknowledged the necessity of a .
Legal Analysis: A Breach of Propriety
The High Court’s analysis was scathing. Justice Purohit noted that the BoR acted with complete disregard for the principle (the right to be heard). By effectively "forcing" the trial court to implead a party who had not bothered to move an application, the Board abandoned its role as a supervisory appellate body and engaged in an exercise of authority for which it had no jurisdiction.
As reported by legal monitoring sources, the incident has drawn significant attention for the bench's explicit terming of the BoR's conduct as a
"
."
This case serves as a reminder that administrative judicial bodies, regardless of their seniority in the revenue hierarchy, are not exempt from the procedural discipline that governs civil litigation.
Key Observations
Highlighting the gravity of the procedural errors, the Court observed:
"The manner in whichhas been passed... is against settled and basic tenates of law."
"It is also quite astonishing to note that order impugned has been passed beyond the prayer made in."
"This Court is of considered opinion that order impugned amounts to a gross abuse of process of law."
"Theis absolutely erroneous and also violative of."
The Court’s Verdict
Finding the BoR’s order
"unsustainable in the eyes of law,"
the High Court quashed the order dated
. The matter has been remanded back to the
for a fresh, transparent, and legally compliant adjudication.
In an unusual, yet significant, directive intended to preserve the integrity of the proceedings, the Court ordered the Chairman of the to reassign the case to a different Bench. This ensures that the litigation proceeds without the shadow of the previous errors, providing a much-needed course correction in how revenue revision petitions are handled in the state.
