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2025 DAILYLAW 163583 (ALL)

SMT. GAYATRI DEVI v. BOARD OF REVENUE, U.P. LKO. THRU. CHAIRMAN AND OTHERS

WRIB/887/2025 · 2025-09-24

Manjive Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - B No. - 887 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J. 1. Heard Shri Virendra Kumar Shukla, learned counsel for the petitioner and learned Additional Chief Standing Counsel appearing for Respondents No. 1 to 3. 2. In view of the order proposed, issuance of notice to Respondent No. 4 is hereby dispensed with. 3. The captioned writ petition has been filed by the petitioner assailing therein, the order dated 28.08.2025 passed by the learned Member (Judicial), Board of Revenue, Uttar Pradesh, Lucknow in Revision No. 2259 of 2025, Smt. Gayatri Devi V/s Vimlesh Kumari and others, whereby the application for interim relief filed by the petitioner in the revision had been rejected. 4. Learned counsel appearing for the petitioner has argued that from bare perusal of the order impugned in this writ petition, it becomes patently manifest that none of the grounds raised by the petitioner in his application for interim relief has been considered and further, the application for interim relief had been rejected without assigning any reason. 5. Learned Additional Chief Standing Counsel appearing for the State is not in a position to defend the order impugned in this writ petition. Versus Counsel for Petitioner(s) : Virendra Kumar Shukla, Shyam Pratap Singh Counsel for Respondent(s) : C.S.C. Smt. Gayatri Devi .....Petitioner(s) Board Of Revenue, U.P. Lko. Thru. Chairman And Others .....Respondent(s) 6. I have considered the submissions made by the learned counsels for the parties and I find that the impugned order dated 28.08.2025, passed by the Member (Judicial), Board of Revenue, Uttar Pradesh, Lucknow, is absolutely an unreasoned order, therefore, it cannot be allowed to sustain. By now, it is well settled proposition of law through catena of decisions of the Hon'ble Supreme Court as well as of this Court that the Judicial authorities, while passing an order, are to apply their mind and the reasons for passing the order must reflect in the order itself. When tested on the aforesaid law, it is apparent that the order impugned in this writ petition cannot sustain. 7. Accordingly, this writ petition is allowed and the order dated 28.08.2025, passed by the learned Member (Judicial), Board of Revenue, Uttar Pradesh, Lucknow, is set aside. The matter is remanded to the Board of Revenue, U.P., Lucknow to consider and decide the petitioner's application for interim relief, filed in Revision No. 2259 of 2025, Smt. Gayatri Devi V/s Vimlesh Kumari and others, afresh by passing a speaking and reasoned order within 15 days from today. September 24, 2025 Lokesh Kumar WRIB No. 887 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench