Sukhoo vs State of U.P.and others

Shishir Kumar, J.—Aggrieved by the order passed by Commissioner, oh an appeal filed by the respondent which was allowed, the petitioner filed a revision before the Board of Revenue i.e. respondent No. 3. The revision has been dismissed in limine by order dated 19.11.2008. Learned Counsel for the petitioner submits that the revision filed by the petitioner has been dismissed in limine without issue of notice to the respondents.

I have heard the learned Counsel for the petitioner, the learned Standing Counsel and Sri V.K. Singh, learned Counsel for respondent No. 6. From the order passed by the Revisional Court, respondent No. 3, it clearly appears that without assigning any reason and without issuing any notice to the opposite parties, the revision filed by the petitioner has been dismissed without entering into the merits of the case.

In view of the aforesaid fact, the order dated 19.11.2008 is hereby set aside.

The writ petition is allowed and the matter is remanded back to the respondent No. 3 to decide the revision on merit in accordance with law after affording full opportunity to the parties.

No order is passed as to costs.