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1990 DAILYLAW 1282 (ALL)

KAILASH BABU v. STATE OF U.P. AND 20 OTHERS

WRIB/1990/2026 · 2026-05-04

Arun Kumar

body1990

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 1990 of 2026 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard Sri Manish Kumar Pathak, learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 to 4 and Sri Avinash Chandra Srivastava for the respondent no.5. 2. The present writ petition has been filed for a direction upon respondent no.2 to decide the stay application dated 29.9.2025 filed in Revision No.4815 of 2025, expeditiously, within a time frame as fixed by this Court. 3. It is contended by learned counsel for the petitioner that the revision filed by him before respondent no.2 is pending since September, 2025. The aforesaid revision was accompanied by stay application. However, the aforesaid stay application has not been considered by the respondent no.2, till date. At the stage of admission of the revision, notices were issued to the contesting respondents, who have not put in appearance, till date. As the application for demarcation of his Bhumidhari land has been rejected, there is possibility of breach of peace on the spot. 4. Learned counsel for the petitioner further contended that during the pendency of the appeal before the Additional Commissioner (Administration), Agra Division, Agra, this Court by its order dated 24.2.2025 directed for expeditious disposal of the aforesaid appeal within a period of three months and the parties were directed to maintain status quo till the disposal of the appeal. He has further contended that on 25.3.2026 when the case could not be taken up due to paucity of time, the Versus Counsel for Petitioner(s) : Manish Kumar Pathak, Sunil Kumar Pandey Counsel for Respondent(s) : Avinash Chandra Srivastava, C.S.C. Kailash Babu .....Petitioner(s) State Of U.P. And 20 Others .....Respondent(s) respondent no.2 fixed 8.7.2026 as the next date in the matter, which was wholly unjustified, as no reasons have been recorded in the said order for such a far date, which is in contravention of Rule 183(4) of the U.P. Revenue Code Rules, 2016. 5. In view of the aforesaid, this writ petition stands disposed of with a direction upon the respondent no.2 to decide the stay application filed by the petitioner alongwith the revision No.4815 of 2025, positively on the next date fixed. He is further directed that as more than six months have been passed since the filing of the revision, all endeavours shall also be made to decide the aforesaid revision, expeditiously. May 5, 2026 Anil WRIB No. 1990 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad