High Court of Judicature at Allahabad
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Ishahaq Ahmad v. State Of U.P. Thru' Secretary Deptt. Of Revenue & Others - WRIT - B No. 68248 of 2006  RD-AH 21091 (14 December 2006)
Hon'ble Anjani Kumar, J.
The petitioner aggrieved by an order passed by the Board of Revenue whereby Board of Revenue has fixed 10th January 2007 as the next date for hearing of admission of the matter, approached this Court with the averments that the Board of Revenue without admitting the revision has already granted the interim order. It is further asserted that the petitioner along with his counsel appeared on 10th November 2006 and thereafter the court has fixed 15th November 2006 as the next date on which dated both parties were heard as per assertions made in the writ petition but all of a sudden the Board of Revenue passed the order even without passing any order on the merits of the revision. The statement of the petitioner cannot be believed as if that position would have been as is alleged in the writ petition, the petitioner ought to have filed review application before the Board of Revenue. That has not been done. In any way the order impugned in the writ petition granting interim order, even without admitting the revision, till 10th January 2007 being an order interlocutory in nature, I do not find it to be a fit case for interference under Article 226 of the Constitution of India. The writ petition is, therefore, dismissed.
mhu - 68248/06
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