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2025 DAILYLAW 139478 (ALL)

HIMALAYA PRASAD v. BOARD OF REVENUE U.P. LKO. THRU. CHAIRMAN AND 3 OTHERS

A227/2823/2025 · 2025-05-14

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28037 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2823 of 2025 Petitioner :- Himalaya Prasad Respondent :- Board Of Revenue U.P. Lko. Thru. Chairman And 3 Others Counsel for Petitioner :- Bhavana Gupta,Rajesh Kumar Verma Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard Ms. Bhavana Gupta, learned Counsel for the petitioner and Sri Anurag Maurya, learned Counsel for the State. At the very outset, learned Counsel for the petitioner stated that inadvertently the proper necessary opposite party could not be arrayed in the memo of petition and as such he may be permitted to implead the proper opposite party. Learned State Counsel has no objection to the prayer made by the learned Counsel for the petitioner. Accordingly, the petitioner is permitted to implead the necessary opposite party during the course of the day. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The present petition has been filed for the following main relief:- "(i) Issue a writ, order or direction in the nature of commanding and directing the opposite party no.1 to decide the Revision No. 1348/2019, Shrinath versus Himalaya & others District -Sonbhadra which is pending since year 2019 before the opposite party No. 1, expeditiously at an early date." Considering the facts as stated, particularly the period of pendency of the revision, which appears to be pending since 2019 as also taking note of statutory provisions including para 458(2) of U.P. Revenue Court Manual, the present petition is disposed of with direction to opposite party no.1, to consider and decide the pending revision in issue i.e. Revision No. 1348/2019 (Shrinath versus Himalaya & others), most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within a period of six months from the next date fixed before it, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 14.5.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench