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2025 DAILYLAW 140839 (ALL)

BARATI AND OTHERS v. BOARD OF REVENUE, UTTAR PRADESH, LKO. THRU. CHAIRMAN AND 4 OTHERS

A227/3037/2025 · 2025-05-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30141 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3037 of 2025 Petitioner :- Barati And Others Respondent :- Board Of Revenue, Uttar Pradesh, Lko. Thru. Chairman And 4 Others Counsel for Petitioner :- Shivendra S Singh Rathore,Atul Sharma,Bhavesh Chandel,Sachin Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners and learned State counsel. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The instant petition has been preferred seeking following main relief(s):- "A. to issue a order or direction commanding and directing the opposite parties to maintain status quo with respect to the suit property and not to alienate, transfer, or create any third-party rights therein till the decision of Revision No. Rev/1824/2019 pending before the Board of Revenue, U.P.;" Taking note of para 458(2) of U.P. Revenue Court Manual, as per which, an appeal or revision should preferably be decided within a period of six months, however, in the instant case, the revision is pending since 2019 and on account of pendency of the same, the petitioners, as stated, are suffering great hardship and mental agony, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No.1/Board Of Revenue, Uttar Pradesh, Lucknow to consider and decide the Revision No. Rev/1824/2019, indicated in above quoted prayer clause of this petition, most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably within a period of six months from the next date fixed in the case, 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 :- 21.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench