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BEHARI & OTHERS versus BOARD OF REVENUE & OTHERS

High Court of Judicature at Allahabad

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Behari & Others v. Board Of Revenue & Others - WRIT - B No. 69001 of 2005 [2005] RD-AH 5103 (28 October 2005)

 

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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Janardan Sahai, J

Submission of Shri A.K. Singh counsel for the petitioner is that Board of Revenue has allowed the revision by the impugned order dated 13.6.2005 against the petitioner without notice or opportunity to the petitioner. The petitioner has an alternative remedy of applying before the Board of Revenue itself for setting the order dated 13.6.2005 passed by it. In case such an application is filed by the petitioner, the Board of Revenue shall pass appropriate order.  Counsel for the petitioner submitted that dispossession of the petitioner be stayed until restoration application to be filed by the petitioner is decided. It is also open to the petitioner to make a stay application before the Board of Revenue, which shall pass appropriate orders thereon. As the petitioner has an alternative remedy no ground for interference at this stage is made out. It is made clear that no opinion is being expressed upon the merits of the case of the petitioner.

With the aforesaid direction this writ petition is disposed of.

Dt. 28.10.2005

Sn/wp-69001/05


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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