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2025 DAILYLAW 101937 (ALL)

DIPWAN AND ANOTHER v. THE STATE OF U.P. AND 3 OTHERS

WRIB/3972/2025 · 2025-09-24

Chandra Kumar Rai

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 3972 of 2025 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. Adya Prasad Tewari, learned counsel for the petitioner and Mr. Tarun Gaur, learned Standing Counsel for the State-respondents. 2. The instant petition has been filed for the following relief: "issue a writ, order or direction in the nature of mandamus commanding the Board of Revenue, U.P., Prayagraj to conclude and decide the stay application dated 6.2.2025 moved by the petitioners on 10.2.2025 in Revision No.539 of 2025, Dipwan and another vs. State of U.P. and another arising out of a proceeding under Section 34/35 of U.P. Land Revenue Act, 1901 pending since 10.2.2025 as early as possible within short span of time frame and till the disposal of the stay application by the Board of Revenue, the effect and operation of the order dated 25.1.2025 passed by the Commissioner, Gorakhpur Division, Gorakhpur in Revision No.237 of 2017, Computerized Case No.C20170500237, Paramhans Vs. Dipwan and another impugned in Revision No.539 of 2025 pending before the Board of Revenue, U.P. at Allahabad may be stayed." 3. Learned counsel for the petitioner submitted that against the remand order passed by Commissioner, revision has been filed on behalf of the petitioners along with the stay application which is pending before respondent no.2/ Board of Revenue, U.P. at Prayagraj. He further submitted that revision was heard, judgement was reserved twice but no order has been passed in the revision till date. He further submitted that if the remand order passed in the revision is not stayed then revision filed by petitioners before the Board of Revenue will become infructous. He Versus Counsel for Petitioner(s) : Adya Prasad Tewari Counsel for Respondent(s) : C.S.C. Dipwan And Another .....Petitioner(s) The State Of U.P. And 3 Others .....Respondent(s) further submitted that Commissioner has exceeded his jurisdiction in remanding the matter to decide the parentage of Paramhans which is beyond the jurisdiction of Court exercising summary jurisdiction, as such, interim protection is very very much required in the pending revision before the Board of Revenue. 4. Considering the facts and circumstances of the case, the instant petition is finally disposed of directing respondent no.2/ Board of Revenue, U.P at Prayagraj to decide the aforementioned Revision No.539 of 2025 (Dipwan and another vs. State of U.P. and another), under Section 34/ 35 of U.P. Land Revenue Act, 1901 in accordance with law after affording proper opportunity of hearing to the parties expeditiously preferably within a period of three months from the date of production of certified copy of this order. It is further directed that till the pendency of the aforementioned revision, the effect and operation of the impugned order dated 25.1.2025 passed by Commissioner in Case No.237 of 2017 (Paramhans vs. Dipwan and another) shall remain stayed. September 25, 2025 Rameez WRIB No. 3972 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad