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Ram Palat & Others v. State Of U.P. & Others - WRIT - B No. 15773 of 2006 [2006] RD-AH 6886 (29 March 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Janardan Sahai, J.

           In a revision filed before the Commissioner by the State of U.P. and Gaon Sabha an interim order of stay of the decree in the suit under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act was passed. That order was vacated on the application filed by the petitioners who was the plaintiff in the suit and the opposite party in the revision. Against the order of the stay vacation a revision was filed by the Gaon Sabha and the State of U.P. in the Board of Revenue, which allowed the revision and has set aside the order of the stay vacation. The revision between the parties is still pending before the Additional Commissioner. The order is merely an interlocutory order. No ground for interference in the writ petition has been made out.

            Learned counsel for the petitioners then submitted that a direction be issued for the early disposal of the revision. He also submits that the revision was filed beyond the prescribed period of limitation and no application under Section 5 of the Limitation Act has been filed by the Gaon Sabha and the State of U.P. and the revision itself is not maintainable.

        In the circumstances the writ petition is disposed of with the direction to the Additional Commissioner to dispose of the pending revision expeditiously and if possible within a period of four months from the date a certified copy of this order is filed by either of the parties. In case the objection regarding the bar of limitation has not been decided the Additional Commissioner shall consider this objection as well as any contention, which may be advanced by the petitioners before the Additional Commissioner and the revision shall be disposed of in accordance with law. It is made clear that no opinion upon the merits of the case has been expressed by this Court.




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