AJAY KUMAR AND 3 OTHERS v. STATE OF U.P. AND 12 OTHERS
WRIB/3963/2025 · 2025-09-24
Chandra Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 100837 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 100837 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 3963 of 2025 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Sri S.K. Chubey, learned counsel for the petitioners, Sri Sailesh Srivastava, Learned Standing Counsel for the State-respondents and Sri Pradeep Singh, learned counsel for the respondent no. 13/ Gaon Sabha.. 2. The instant writ petition has been filed for the following relief:- (i) "Issue a writ order or direction in the nature of mandamus commanding the respondent no. 2 to decide the stay application pending in the Second Appeal No. 2805 of 2025, Ajay Kumar & others vs. Ashok Kumar Singh & others forthwith and further be pleased to direct the respondent no. 2 to decide the Second Appeal No. 2805 of 2025, Ajay Kumar & others vs. Ashok Kumar Singh & others within stipulated period so fixed by this Hon'ble Court. (ii) Issue any other writ order or direction in the like nature which this Hon'ble court may deem fit and proper in the circumstances of the case. (iii) Award the costs of the writ petition to the petitioners."
3. Learned counsel for the petitioners submitted that second appeal on behalf of the petitioners along with application for interim relief arising out of suit for partition is pending before the Board of Revenue. It is submitted that order for admission and stay has not been passed by the Board of Revenue as such, necessary direction be issued to the Board of Revenue for passing the order for admission as well as stay within specified period. He submitted that execution proceeding has been initiated by the private respondents as such interim protection is required Versus Counsel for Petitioner(s) : Surendra Kumar Chaubey Counsel for Respondent(s) : C.S.C., Pradeep Singh Ajay Kumar And 3 Others .....Petitioner(s) State Of U.P. And 12 Others .....Respondent(s)
in the matter. 4. Considering the entire facts and circumstances of the case, the instant writ petition is disposed of directing the respondent no. 2 Board of Revenue to pass order for admission of aforementioned second appeal within a period of three weeks from the date of production of certified copy of this order and after passing the order for admission, necessary order shall be passed on the application for interim relief in accordance with law within the aforementioned period.
September 25, 2025 Israr WRIB No. 3963 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad