ANIL KUMAR AND ANOTHER v. STATE OF U.P. THRU. COLLECTOR, AMBEDKARNAGAR AND OTHERS
WRIC/1073/2025 · 2025-02-11
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121353 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121353 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:9284 Court No. - 8 Case :- WRIT - C No. - 1073 of 2025 Petitioner :- Anil Kumar And Another Respondent :- State Of U.P. Thru. Collector, Ambedkarnagar And Others Counsel for Petitioner :- Diwakar Pratap Pandey Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. Notice on behalf of respondent nos. 1 to 3 has been accepted by the office of the learned Chief Standing Counsel. Sri Mohan Singh, learned counsel has accepted notice on behalf of respondent no. 4-Gaon Sabha. In view of the order proposed by the Court, notice to the private respondent nos. 5 and 6 is dispensed with. By means of the instant petition, the petitioner states that they have preferred a revision which is engaging the attention of the Board of Revenue against the order dated 28.08.2024. It is urged that along with the said revision, an application for interim relief was also moved, however, by means of order dated 19.11.2024, the revision was admitted. The Board of Revenue thought expedient to issue notice to the respondents of the revision and also summoned the lower court record. It is further submitted that by the same order dated 19.11.2024, it observed that since the issue relates to a pond land, hence, without examining the records, it will not be appropriate to grant any interim order as such the records were summoned fixing 30.12.2024. It is further urged that on 30.12.2024, the members of the bar were abstaining from judicial work as a consequence, the next date fixed is 05.05.2025, as pleaded in paragraph 18 of the present petition. It is urged that in the aforesaid circumstances, an expedite order be passed so that the rights of the petitioners while the revision is pending can be protected. Having considered the aforesaid submissions and from the perusal of the material on record, this Court is of the opinion
that no gainful purpose will be served in keeping the petition pending, accordingly, the petition is disposed of with a direction to the respondent no. 2 to consider and decide the application for interim relief as expeditiously as possible after affording full opportunity of hearing to the parties but without granting any unnecessary adjournments to either of the parties.
It is also provided that the petitioner shall be at liberty of moving an application for early hearing and in case if such an application is moved, the court shall consider and do the needful strictly in accordance with law. With the aforesaid, the petition is disposed of. It is made clear that the Court has not examined the case of either of the parties on merits and the Authority concerned shall decide the same strictly in accordance with law. Order Date :- 11.2.2025 Asheesh/- Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench