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2025 DAILYLAW 155934 (ALL)

PHOOLKALI AND ANOTHER v. BOARD OF REVENUE, KAISARBAG, LKO. THRU. CHAIRMAN AND OTHERS

A227/4713/2025 · 2025-08-08

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46479 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 4713 of 2025 Petitioner :- Phoolkali And Another Respondent :- Board Of Revenue, Kaisarbag, Lko. Thru. Chairman And Others Counsel for Petitioner :- Dinesh Kumar Mishra Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Alok Mathur,J. 1. Heard Shri Dinesh Kumar Mishra, learned counsel for the petitioner as well as learned Standing Counsel on behalf of respondents no.1 and 7 and Shri Pankaj Gupta, learned counsel for respondent no. 6. 2. In view of the order proposed to be passed, notice to private respondents no. 2 to 5, is dispensed with. 3. Present petition under Article 227 of the Constitution of India has been filed by the petitioner with the prayer to direct the respondent no.1 i.e. Board of Revenue, U.P. at Lucknow to decide the stay application only moved in revision no. 3330 of 2025 Phoolkali and another Vs. Shiv Kumar and others, pending in the Board of Revenue, U.P., Lucknow within week in the interest of justice. 4. It has been submitted that private respondents filed the case for demarcation without impleading the petitioners while seeking the demarcation on Gata No. 272, which is adjoining Gata No. 294 tot he petitioners. Petitioners filed the revision before the respondent no.1 and the date was fixed for 30.- 07.2025, but the case could not be taken up and now the date has been fixed for 25.08.2025 in a fresh revision. 4. It is noticed that the instant matter relates to 2025 and the trial courts are heavily burdened with the dockets due to which large number of cases are pending before them. In the present case, no extraordinary circumstance has been indicated by the petitioners so as to interfere and pass orders for expeditious disposal of the revision which has been filed only in 2025. Accordingly, no case for interference is made out at this stage. 5. However, looking to the aforesaid circumstances, liberty is granted to the petitioners to move appropriate application before the trial court within next two weeks for expediting the proceedings. In case, such an application is made, the trail court shall consider and decide the same within two weeks thereafter by a reasoned and speaking order. In case, the trial court finds that a case for urgency has been made out, it shall proceed to consider and decide the case of the petitioner expeditiously. 6. With aforesaid direction the petition stands disposed of. . . (Alok Mathur, J.) Order Date :- 8.8.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench