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2025 DAILYLAW 143987 (ALL)

TARA SHIKHAR BUILDERS AND COLONIZERS PVT.LTD.THRU. MANAGING DIRECTOR,TARA SINGH BISHT v. BOARD OF REVENUE LKO THRU. CHAIRMAN AND 2 OTHERS

A227/3742/2025 · 2025-05-30

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33622 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3742 of 2025 Petitioner :- Tara Shikhar Builders And Colonizers Pvt.Ltd.Thru. Managing Director,Tara Singh Bisht Respondent :- Board Of Revenue Lko Thru. Chairman And 2 Others Counsel for Petitioner :- Vinay Kumar Mishra,Ram Bali Tiwari Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Vakalatnama filed by Ms. Shruti Sahu, Advocate on behalf of Nagar Nigam, Lucknow in Court today is taken on record. Heard. In view of order proposed to be passed, issuance of notice to the private- respondent is hereby dispensed with. The instant petition has been preferred seeking following main relief:- "1.Issue a suitable order or direction to the opposite party No. 1 to expeditious disposal of the interim relief application filed in Revision No. 845/2025 Computerized Case No. R2025104600845 Tara Shikhar Builders/colonizers Pvt. Ltd. Vs. Hiliyans Builders and Developers and others filed by petitioner on 25.02.2025, within stipulated period. 2. Issue a suitable order or direction to the opposite party No. 1 for restraining the opposite party No. 2 to not constructed any construction over the plot No. 288 measuring area 0.152 hectare as per the order dated 10.06.2024, in the interest of justice." Taking note of the fact of the case as also that during the pendency of the appeal rights of parties should be preserved as held by the Apex Court in the case of Moolchand Yadav & Another v. Raza Buland Sugar Co. Ltd., Rampur and others, reported in (1982) 3 SCC 484 as also that the authority who can pass the final order can also pass interim order as held by the Division Bench of this Court in the case of Vinod Kumar Bhalotia vs. State of U.P., reported in 2000 (18) LCD 532, the petition is disposed of with a direction to the opposite party No.1/Board of Revenue, Uttar Pradesh at Lucknow to decide the interim relief application in the pending Revision No. 845/2025 if possible on the next date fixed in the case and if for any reason it is not possible on the next date, then it shall be decided within one month, after affording opportunity of hearing to the parties. With the aforesaid, the petition is disposed of. Before parting it would be apt to observed that as per Rule 183(4) of the U.P. Revenue Code Rules, 2016 read with Para 458(2) of U.P. Revenue Court Manual, a revision or appeal should be decided preferably within a period of six months. Order Date :- 30.5.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench