ACHCHHAN KHAN v. STATE OF U.P. THRU. ADDL. CHIEF/PRIN. SECY. REVENUE, LKO. AND OTHERS
A227/5514/2025 · 2025-09-15
Manjive Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164697 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164697 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5514 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J.
1. Heard Shri Prashant Pandey, learned counsel appearing for the petitioner, learned Standing counsel appearing for Respondents No. 1 & 2 and Shri Pankaj Gupta, learned counsel appearing for Respondent No. 22. 2. In view of the proposed order, issuance of notice to Respondents No. 3 to 21 is hereby dispensed with. 3. The captioned writ petition has been filed by the petitioner inter alia praying therein for the following relief:-
"(i) direct the Board of Revenue, Uttar Pradesh, Lucknow to decide the interim relief application dated 23.11.2023 filed in Case No. SA/1416/2023 (Computerized Case No. R20231354001416), Fatehyaar Khan and others Vs. Afaak Ali Khan and others, under Section 331 of U.P. Z.A. and L.R. Act, pending before him, exepeditiously, within stipulated time period."
4. Learned counsel for the petitioner has contended that the petitioner has filed Second Appeal bearing Case No. SA/1416/2023 (Computerized Case No. R20231354001416), Fatehyaar Khan and others Vs. Afaak Ali Khan and others; before the Board of Revenue, U.P., Lucknow on 23.11.2023 along with an application for interim relief. It has further been contended that till date, the application for interim relief filed along with the second appeal has not been considered and decided. 5. Learned counsel appearing for the petitioner has argued that due to Versus Counsel for Petitioner(s) : Prashant Pandey, Virendra Prakash Pandey Counsel for Respondent(s) : C.S.C., Pankaj Gupta Achchhan Khan .....Petitioner(s) State Of U.P. Thru. Addl. Chief/Prin. Secy. Revenue, Lko. And Others .....Respondent(s)
non-disposal of the application for interim relief, lots of difficulties are taking place and therefore, it is in the interest of justice that a direction may be issued by this Court commanding the Respondent No. 2 to consider and decide petitioner's application for interim relief, expeditiously. 6. Learned Standing counsel appearing for the State also submits that the ends of justice would be served if direction is issued to Respondent No. 2 to consider and decide the application for interim relief filed by the petitioner within a fixed time frame. 7.
I have considered the submissions made by the learned counsels appearing for the parties and I find that petitioner has filed an application for interim relief along with the Second Appeal bearing Case No. SA/1416/2023 (Computerized Case No. R20231354001416) and the said application is pending since year 2023. 8. In view of the aforesaid facts and circumstances of the case, this petition is finally disposed of with a direction to Respondent No. 2 to consider and decide the application for interim relief filed by the petitioner in the Second Appeal bearing Case No. SA/1416/2023 (Computerized Case No. R20231354001416), Fatehyaar Khan and others Vs. Afaak Ali Khan and others; expeditiously, preferably within a period of three months from the date of presentation of certified copy of this order, provided there is no legal impediment. September 15, 2025 Lokesh Kumar A227 No. 5514 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench