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2025 DAILYLAW 153780 (ALL)

GULAMHUSSAIN v. BOARD OF REVENUE, U.P., LUCKNOW THRU. CHAIRMAN AND OTHERS

WRIB/834/2024 · 2025-02-04

Jaspreet Singh

Review Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7097 Court No. - 8 Case :- WRIT - B No. - 834 of 2024 Petitioner :- Gulamhussain Respondent :- Board Of Revenue, U.P., Lucknow Thru. Chairman And Others Counsel for Petitioner :- Pradeep Kumar Tiwari,Suraj Singh Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner and learned Standing counsel for the State respondent. By means of the instant petition, the petitioner assails the order dated 01.08.2024 whereby entertaining a review filed at the behest of the State an interim order has been granted fixing the matter for hearing on 18.09.2024. The record indicates that a coordinate Bench of this Court by means of the order dated 20.08.2024 had granted time to the learned Standing counsel to seek instructions in so far as the issue of territorial jurisdiction is concerned. Learned Standing counsel has provided a copy of the written instructions dated 11.09.2024 and from a perusal thereof it indicates that certain proceedings were decided by the Board of Revenue at Prayagraj. Subsequently, a review petition was filed by the State Authorities, however, there were certain apprehensions against the Presiding Officer and considering the aforesaid the Registrar of the Board of Revenue transferred the matter from Prayagraj to Lucknow and place it before a larger Bench who by means of the order dated 01.08.2024 issued notices to the respondents in a review and also passed an interim order leaving the issue of territorial jurisdiction opened to be raised before the court concerned, this Court is not inclined to entertain the petition at this stage only an interim order has been passed it would be in the fitness of things if the petitioner files an appropriate application seeking vacation of the interim order before the court concerned and needless to say that in case if such an application is moved the court concerned would decide the same in accordance with law. With the aforesaid observation, the petition is disposed of. It is made clear that the court has not examined the case of either of the parties on merits and since the review is already pending the same shall be considered and decided by the court concerned. Order Date :- 4.2.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench