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2025 DAILYLAW 10400 (ALL)

MADAN LAL v. STATE OF U.P. AND 5 OTHERS

WRIB/260/2025 · 2025-01-22

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:10687 Court No. - 50 Case :- WRIT - B No. - 260 of 2025 Petitioner :- Madan Lal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Niraj Tiwari,Ravi Shankar Tripathi Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Niraj Tiwari, learned counsel for the petitioner, Sri Arun Kumar Pandey, learned counsel for the respondent-Land Management Committee. 2. The instant petition has been filed for the following reliefs:- "A. Issue a writ order or direction in the nature of mandamus commanding the respondent no. 2 court of Board of Revenue U.P. Prayagraj i.e. concerned Presiding Officer of Concerned Court to decide the stay application dated 09.11. 2023 pending in Second Appeal No. 3721 of 2023 also the instant appeal i.e. Second Appeal No. 3721 of 2023 on the next date fixed Madan lal versus Natthu Singh and others by passing speaking a reasoned within stipulated period as fixed by this Hon'ble Court. B. Issue a writ order order or direction in the nature of mandamus commanding the respondent no. 2 court of Board of Revenue U.P. Prayagraj as well as concerned Presiding Officer to conclude and decide the instant Second Appeal No. 3721 of 2023 Madan lal versus Natthu Singh and others within stipulated period as fixed by this Hon'ble Court and till decide the instant second appeal the parties before the court of Board of Revenue U.P. Prayagraj to maintain status quo with regard to nature and possession over the land in question or may be pleased to pass such other and further order may deem fit proper to meet the ends of justice. C. Issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper to meet the ends of justice. D. Award cost of the petition through in favour of the petitioner." 3. Learned counsel for the petitioner submitted that Second Appeal has been filed on behalf the petitioner along with the Stay Application as well as application for condonation of delay before Board of Revenue. He further submitted that delay in filing the Second Appeal has been condoned. He next submitted that no order has been passed for admission of the second appeal as well as on stay application by the Board of Revenue. He submitted that appropriate direction be issued for expeditious disposal of pending stay application in the aforementioned Second Appeal. 4. Learned Standing Counsel for the State submitted that no interim order can be passed unless the Second Appeal is admitted in accordance with law. 5. I have considered the argument advanced by learned counsel for the parties and perused the record. 6.There is no dispute about the fact that second appeal along with stay application filed on behalf of the petitioner is pending before respondent no.2-Board of Revenue. There is also no dispute about the fact that second appeal has not been admitted till date. 7. Considering the facts and circumstances of the case, the instant writ petition is finally disposed of directing the Board of Revenue, UP, Prayagraj to decide the aforementioned appeal in accordance with law within a period of four months from the date of production of a certified copy of this order. It is further directed that Board of Revenue shall consider the admission of second appeal as well as grant of interim relief in second appeal in accordance with law within the aforementioned period. Order Date :- 22.1.2025 Neetu Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad