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2025 DAILYLAW 128289 (ALL)

VISHAL SINGH AND 7 OTHERS v. THE BOARD OF REVENEUE KAISARBAG LKO. THRU. CHAIRMAN AND 5 OTHERS

A227/1341/2025 · 2025-03-12

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15562 Court No. - 19 Case :- MATTERS UNDER ARTICLE 227 No. - 1341 of 2025 Petitioner :- Vishal Singh And 7 Others Respondent :- The Board Of Reveneue Kaisarbag Lko. Thru. Chairman And 5 Others Counsel for Petitioner :- Dinesh Kumar Mishra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Manish Mathur,J. Heard learned counsel for the petitioners, learned State Counsel for opposite parties no.1 to 4 and Mr. Mohan Singh, learned counsel for opposite party no.5. In view of the order proposed to be passed issuance of notice to opposite party no.6 stands dispensed with. Present petition has been filed seeking a direction to the opposite party no.1 for expeditious disposal of application for stay filed by the petitioner along with revision no.603/2025. It has been submitted that the aforesaid revision preferred by the petitioner has thereafter been admitted for hearing vide order dated 27.02.2025 but the application for stay still remains pending. It has been urged that there is urgency in the matter since the dispute pertains to cancellation of grant of lease which would result in demolition of residence on the property in question. Learned counsel has placed reliance on the judgment rendered by the Hon’ble Supreme Court in the case of Mool Chand Yadav and Another vis. Raza Buland Sugar Company Limited, Rampur and Others reported in (1982) 3 SCC 484. Learned counsel for the opposite parties do not deny the fact that the revision has been admitted for hearing but submit that the application for stay is required to be decided on its own merits. Upon consideration of submissions advanced by the learned counsel for the parties and perusal of material on record, it is evident that revision preferred by the petitioner has been admitted for hearing vide order dated 27.02.2025 with the next date fixed being 15.5.2025. The matter pertains to cancellation of lease which may result in demolition of constructions made on the said plot by the petitioners. In view thereof the opposite party no.1 is directed to decide the pending application for interim relief in revision no.603/2025 [Vishal Singh and Others vs. State of U.P. and Others] expeditiously, preferably within a period of six weeks from the date all the opposite parties in the revision have put in appearance or are reported to be served. In view of the judgment rendered by the Hon’ble Supreme Court in the case of Mool Chand Yadav (supra) it is directed that till the decision on application for stay in revision no.603/2025 the petitioners shall not be evicted from the plot in question nor any demolition of any construction raised by them over the plot in question. With the aforesaid, writ petition is disposed of. Order Date :- 12.3.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench