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2025 DAILYLAW 147902 (ALL)

BALRAM CHANDRA v. ADDL. COMMISSIONER II LKO. DIV. LKO. AND 3 OTHERS

A227/3869/2025 · 2025-06-30

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36792 Court No. - 3 Case :- MATTERS UNDER ARTICLE 227 No. - 3869 of 2025 Petitioner :- Balram Chandra Respondent :- Addl. Commissioner Ii Lko. Div. Lko. And 3 Others Counsel for Petitioner :- Adarsh Kumar Maurya,Alka Rani,Ambrish Kumar,Krishna Kumar Dubey,Ram Lal,Rupali Srivastava Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Adarsh Kr. Maurya, learned counsel for the petitioner and learned Standing Counsel for the State. 2. The instant petition has been filed to direction respondent No.1 to decide the stay application dated 23.5.2025 in Revision No. C-202310000000028, under Section 333 of the U.P. Zamindari Abolition and Land Reforms Act,1950 within a stipulated period of time. 3. Contention of learned counsel for the petitioner that despite pendency of the revision under Section 333 U.P. Zamindari Abolition and Land Reforms Act / Section 210 U.P. Revenue Code, the authority concerned is adamant to construct a water tank over the land in dispute. It is further submitted that this Court in the case of Daya Shankar vs. State of U.P. and others; (2023) 6 ADJ 181 has also observed in paragraph No. 16 of the judgement that if any stay application is pending for disposal, then that should be decided within a period of one month. In view of the pendency of the said stay application, no coercive action shall be taken against the petitioner, therefore, the action of respondent authorities is utter violation in view of the judgement of this Court in Daya Shankar (supra). 4. In view of the above, the petition is disposed of with a direction to respondent No.1 to decide the aforesaid stay application dated 23.5.2025within a period of one month from the date of receiving a copy of this order. 5. For a period of one month the status quo should maintained over the land in dispute. Order Date :- 30.6.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad, Lucknow Bench