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2025 DAILYLAW 160536 (ALL)

BALRAM YADAV AND 5 OTHERS v. BOARD OF REVENUE, U.P. LKO. THRU. SECY. AND OTHERS

WRIB/839/2025 · 2025-09-10

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - B No. - 839 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri M. E. Khan, learned counsel for the petitioner and learned Standing counsel on behalf of respondent No.s 1 and 2. 2. In view of the proposed order notice to private respondents is dispensed with. 3. It has been submitted that the petitioners had filed a revision under Section challenging the order of Naib Tehsildar dated 15.9.2023 before the Board of Revenue and he Board of Revenue in turn admitted the revision and summoned the lower court records by means of order dated 10.1.2024. The petitioners being aggrieved by the order dated 10.1.2024 had filed writ petition before Allahabad bench of this Court in writ B No.2580 of 2024 where a detailed order has been passed issuing notice to the opposite parties/petitioners and after considering the order of the coordinate bench of this Court in Writ B No.2580 of 2024 the Board of Revenue has stayed its proceedings and consigned the revision to records by means of order dated 6.8.2025. 4. The petitioner in the present writ petition has challenged order dated 6.8.2025. He has submitted that the order dated 6.8.2025 is illegal and arbitrary in as much as the writ proceedings were initiated at Allahabad and an interim protection has been granted by this Court and the proceedings are in progress by the High Court and this Court at Allahabad Versus Counsel for Petitioner(s) : Mohammad Ehtesham Khan, Anil Kumar Yadav Counsel for Respondent(s) : C.S.C. Balram Yadav And 5 Others .....Petitioner(s) Board Of Revenue, U.P. Lko. Thru. Secy. And Others .....Respondent(s) is considering the maintainability of the revision preferred by the revisionist. 5. Be that as it may, this Court is of the considered opinion that once writ proceedings have been initiated by private respondents assailing the maintainability of the revision preferred by the petitioner and the petitioner in such circumstances also filed his counter affidavit in the said proceedings and parties therein. In such circumstances, parallel proceedings cannot be entertained by this Court at Lucknow and entertaining writ petition for the prayer sought in he present petition the petitioners can very well approach and join and file appropriate application in the pending application. 6. Accordingly, for the reasons aforesaid the present writ petition would not be maintainable and the petitioner would be at liberty to take all the pleas as raised in the present petition in the pending writ petition B No.2580 of 2024 at Allahabad . He shall also be at liberty to move appropriate application for expediting the proceedings. 7. Subject to aforesaid direction, the petition is dismissed. September 10, 2025 RKM. WRIB No. 839 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench