Neutral Citation No. - 2025:AHC:20621 Court No. - 50 Case :- WRIT - B No. - 506 of 2025 Petitioner :- Purnmasi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Adarsh Kumar,Subhash Chandra Yadava Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Subhash Chandra Yadav, learned counsel for the petitioner, Mr. Hari Om Singh, learned Standing Counsel for the State respondents and Mr. Rameshwar Prasad Shukla, learned counsel for respondent- Gram Panchayat. 2. The instant petition has been filed for the following reliefs:- "(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent not to dispossess the petitioner from the land in question bearing arazi No. 56 area 0.041 hectare, 92 area 0.188 hectare, 170 area 0.025 hectare, 183 area 0.528 hectare, 197/0.034 hectare situated in Mauja Pura Balnarayan, Pargana and Tehsil Sagari, District Azamgarh during the pendency of second appeal before the respondent no.2, Board of Revenue U.P. Prayagraj. (ii) Issue a writ, order or direction in the nature of mandamus directing the Board of Revenue, Prayagraj to decide the stay application of the petitioner in second appeal No. 4490/2024 computerized case No. AL20241506004490 (Purnmasi Barsati) within stipulated period." 3. Counsel for the petitioner submitted that against the order passed by Sub Divisional Officer in the partition suit, appeal filed by petitioner was dismissed by Additional Commissioner. He further submitted that second appeal filed by petitioner has been admitted on 18.11.2024 framing substantial question of law but no order has been passed on the stay application. He further submitted that interim order is required in the matter, as such, appropriate direction be issued for expeditious disposal of pending second appeal and till the disposal of second appeal, the parties are directed to maintain status quo over the plot in question. 4. On the other hand, Mr. Hari Om Singh, learned Standing Counsel for the State respondents and Mr. Rameshwar Prasad Shukla, learned counsel for respondent- Gram Panchayat submitted that no interference is required in the matter as under the impugned order, the Board of Revenue has admitted the appeal framing the substantial question of law as well as summoned the record of the proceeding observing that application for grant of interim order shall be considered after affording opportunity of hearing to the other side. 5. I have considered the arguments advanced by learned counsel for the parties and perused the records. 6. There is no dispute about the fact that against the order passed by Sub Divisional Officer confirming the kurra prepared by Lekhpal, the first appeal filed by petitioner has been dismissed and second appeal has been admitted. 7. In view of the order passed by Board of Revenue admitting the second appeal with observation that prayer for interim relief shall be considered after affording opportunity to the other side, no interference is required in the matter. 8. Considering the entire facts and circumstances of the case, the petition is finally disposed of directing the respondent no.2, Board of Revenue, U.P. at Prayagraj to decide the pending stay application in the aforementioned second appeal after affording opportunity of hearing to both parties expeditiously preferably within period of two months from the date of production of certified copy of this order. Order Date :- 13.2.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad