Neutral Citation No. - 2025:AHC-LKO:16087-DB Court No. - 2 Case :- WRIT - C No. - 2370 of 2025 Petitioner :- Upkarsh Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 3 Others Counsel for Petitioner :- Sameer Singh,Sakshi Singh Counsel for Respondent :- C.S.C.,Manoj Kumar Misra Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Shri Prakhar holding brief of Shri Manoj Kumar Misra, learned counsel for the opposite party no. 4 seeks adjournment. We see no reason to adjourn the matter. 2. Heard Shri Sameer Singh, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Shri Prakhar holding brief of Shri Manoj Kumar Misra, learned counsel for the opposite party no. 4. 3. After hearing the learned counsel for the parties what comes out is that there is a dispute with regard to the right, title and interest in respect of the land in question. Initially, the declaratory suit under Section 229B of the U.P. Zamindari Abolition and Reforms Act, 1950 was allowed in favour of the petitioner but subsequently, in appeal the Commissioner set it aside on the ground that the land being 'banjar' land a declaratory suit was not maintainable. Thereafter, the petitioner has challenged the order passed in Appeal before the Board of Revenue, wherein, initially i.e. in the year 2008 an interim order was passed in his favour which could not be extended after 2009. In the interregnum, the Nagar Palika Parishad asserted its rights over the land in question and now, has issued an e-tender invitation on 02.02.2025 whereupon the petitioner filed an application before the Board of Revenue for extension of the interim order issued in the year 2008, however, the same has been declined on the ground that it has not been extended since 2009, therefore, there is no justification for its extension now in 2025. 4. Considering the aforesaid, all that we can do is to grant liberty to the petitioner to move a fresh application before the Board of Revenue where Second Appeal bearing No.5A/ 51/2007-2008 is pending consideration in respect of the land in question, wherein, the Nagar Palika Pareshad- Shahabad, District- Hardoi is also the respondent, although, it is said that it has not put in appearance in spite of the appeal being pending for more than 15 years. 5. The petitioner may move a fresh application for interim relief before the Board of Revenue within a period of three days. If it is so moved, it shall be considered in the light of the fresh facts by the Board of Revenue within a period of one week of its submission as to whether fresh interim relief can be granted looking into the circumstances mentioned in the application. 6. It is also open for the petitioner to challenge the order of Board of Revenue dated 08.03.2024. 7. Learned counsel for the opposite party no. 4 shall ensure appearance of the Nagar Palika Parishad before the Before the Board of Revenue in the aforesaid Second Appeal and if the learned counsel for the said party does not appear the Board of Revenue shall consider the application for interim relief ex - parte. 8. With the aforesaid observations/directions, the writ petition is disposed of. 9. Let a copy of this order be provided to the learned counsel for the parties today itself on payment of usual charges. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 20.3.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench