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2016 DIGILAW 1610 (ALL)

Phuleshwar v. Board of Revenue

2016-04-28

ABHINAVA UPADHYA

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JUDGMENT Abhinava Upadhya,J. By means of this writ petition the petitioners have come to this Court raising a grievance that with regard to Plots No. 39, 40, 42 and 46 certain allotments were made in the year 1994. It is submitted that the allotments were made to the persons who were not eligible to be allotted, therefore, petitioners challenged those allotments. The allotments were then cancelled by the Commissioner in revision by order dated 26.2.1998. Against the order of revision it appears that the allottees filed a revision before the Board of Revenue, which revision was dismissed by order dated 27.4.1998 upholding the order of the Commissioner. The said order was challenged by means of Writ Petition No. 17310 of 1998 which is still pending and no interim order has been granted. In the meantime it appears that upon another complaint made by another person for cancellation of pattas of the allottees with regard to same land an application under Rule 115-P of the U.P. Zamindari Abolition and Land Reforms Rules, 1952 was filed. It appears that the complainant did not have knowledge that the said pattas already stood cancelled. That application was rejected and it was held that the pattas have rightly been granted. The matter has now reached the Board of Revenue where interim order was prayed for, but only notices have been issued. 2. It is submitted that the respondents in spite of the fact that their pattas stood cancelled have now raising construction, therefore, they immediately be stopped, but merely notices have been issued. 3. I have considered the submissions of Shri A.K. Singh for the petitioners; Shri Indresh Chandra for respondent no. 14; Shri Manoj Kumar Yadav for the respondents no. 4 and 5 and the learned Standing Counsel for the State authorities. 4. At this stage, in my view, since the matter is pending before the Board of Revenue it would be appropriate to direct the parties to maintain status quo on the spot till any further orders are passed by the Board of Revenue in Revision No. 591 of 2016 (Phuleshwar and others Vs. State of U.P. and others). 5. With the aforesaid direction, the writ petition is disposed of.