High Court of Judicature at Allahabad
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Kanahiya Lal & Others v. The State Of U.P. Thru' Secretary Land & Revenue & Others - WRIT - B No. 43022 of 2006  RD-AH 13310 (10 August 2006)
Hon'ble Anjani Kumar, J.
Heard learned counsel for the petitioners.
The petitioners, aggrieved by an order passed by the Board of Revenue, approached this Court by means of this writ petition under Article 226 of the Constitution of India.
The Board of Revenue while setting aside the order passed by the subordinate authority has directed the matter to be heard on merits after impleadment of the revisionist.
Learned counsel for the petitioners has submitted that the order setting aside the order of the subordinate authority was passed by the Board of Revenue without entering into the merits of the case which was decided by the subordinate authority. In this view of the matter he says that the matter, if goes back to subordinate authority his rights will be affected. I am not in agreement with the submissions made by learned counsel for the petitioners. The only direction issued is that the matter may be heard on merits after impleadment of the revisionist also. In this view of the matter, in my opinion, if the matter goes back without affecting the rights of the petitioners.
In view of what has been stated above I do not find any merit in this writ petition. The writ petition is accordingly dismissed.
mhu - 43022/06
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