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Soni Ram And Others v. State Of U.P. And Others - WRIT - C No. 51353 of 2006 [2006] RD-AH 16831 (25 September 2006)


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"Court No. 4"

Civil Misc. Writ Petition No. 51353 of 2006.

Soni Ram and others


State of U.P. and others


Hon'ble Anjani Kumar, J.

By means of present writ petition under Article 226 of the Constitution of India, the petitioners have challenged the order passed by  Additional District Magistrate (F/R), Mathura dated 24th December, 2005, whereby revision filed by the Gaon Sabha against the order dated 10th April, 2003 has been allowed and the matter has been remanded back to the trial Court for decision afresh for giving opportunity to the parties concerned in accordance with law.

Heard learned counsel appearing on behalf of the parties.  Admittedly the order impugned in the present writ petition is an order of remand and normally this Court do not interfere with the remand order in view of the law laid down by the Apex Court reported in (1981) 2 S.C.C., 103 - Kshitish Chandra Bose Vs. Commissioner of Ranchi.  In this view of the matter, this is not a fit case for interference by this Court in exercise of jurisdiction under Article 226 of the Constitution of India.

Learned counsel for the petitioners apprehended that the observation made in the order impugned in the present writ petition may come in their way before the authority when the matter is heard. It is made clear that the authority shall not be bound by any observation made by the revisional Court except on the question of remand and decide the same in accordance with law.

With the aforesaid observation, this writ petition is dismissed.  However, there shall be no order as to costs.

Dated: 25.09.2006.



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