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2025 DAILYLAW 171580 (ALL)

PRADEEP JAIN v. THE BOARD OF REVENUE, CIRCUIT COURT, MEERUT AND 6 OTHERS

WRIB/2257/2025 · 2025-10-26

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 2257 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Sri Anil Kumar Srivastava, learned counsel for petitioner and Sri Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel for the State. 2. The instant petition has been filed for the following reliefs:- "(I) To issue a writ order or direction in the nature of prohibition quashing the entire proceeding of Appeal No. 62 ZAM/2010-11 [Neeti Shri vs. Rambhul and others] pending before the Board of Revenue, Meerit." (II) Issue any other and further writ, order or direction as this Hon'ble Court may deem fit and proper, in the facts and circumstances of the case; (III) Award the costs to the petitioner;" 3. Learned counsel for petitioner submitted that suit under Section 229 B of the U.P.Z.A. & L.R. Act filed by Rambhul was decreed in appeal by Additional Commissioner. He further submitted that after judgment and decree passed by Additional Commissioner in appeal, the property in question was purchased by petitioner by way of registered sale deed and at the time of execution of sale deed no litigation was pending. He next submitted that Second appeal was filed by respondent no. 5-M/s. Neti Shree Built Tech, Private Limited, which is pending before respondent no. 1-Board of Revenue, Circuit Court, Meerut. He submitted that petitioner has filed an impleadment application in pending Second Appeal, which is pending. He further submitted that one application has been filed by third party- Pushpendra Yadav in the aforementioned Second Appeal, which cannot be entertained, but Board of Revenue is fixing the date after date on the application filed by the third party-Pushpendra Yadav. He submitted that in Second appeal arising out of suit under Section 229B of the U.P.Z.A. & L.R. Act, third party cannot be impleaded. He further submitted that the application filed by third party-Pushpendra Yadav should be rejected and impleadment application filed on behalf of petitioner should be allowed. 4. Sri Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel for the State submitted that instant petition is not maintainable as second appeal filed by respondent no. 5 is pending before the Board of Revenue. 5. I have considered the arguments advanced by the learned counsel for the parties and Versus Counsel for Petitioner(s) : Anil Kumar Srivastava, Dhrub Narayan Kharwar Counsel for Respondent(s) : C.S.C. Pradeep Jain .....Petitioner(s) The Board Of Revenue, Circuit Court, Meerut And 6 Others .....Respondent(s) perused the record. 6. There is no dispute about the fact that Second appeal filed by respondent no. 5 is pending before respondent no. 1-Board of Revenue Circuit Court, Meerut. There is also no dispute about the fact that the application for impleadment filed on behalf of the respondent no. 6-Pushpendra Yadav as well as the impleadment application filed by petitioner in the aforementioned second appeals are pending before respondent no. -Board of Revenue. 7. Since the impleadment applications and the objection to the impleadment application filed on behalf of respondent no. 6-Pushpendra Yadav is pending, as such interest of justice requires that Board of Revenue should decide the application filed by Pushpendra Yadav considering the objection filed by petitioner, expeditiously. 8. The impleadment application dated 13.01.2025 filed by petitioner in the aforementioned second appeal is also pending, as such it should also be decided by Board of Revenue in proper manner. 9. Considering the entire facts and circumstances of the case, the instant petition is finally disposed of directing the respondent no. 1-Board of Revenue Circuit Court, Meerut to decide the impleadment application dated 13.01.2025 filed by the petitioner in Second Appeal No. 62 of 2010-11 within a period of six weeks from the date of production of a certified copy of this order. The Board of Revenue is further directed to decide the application dated 11.12.2024 filed by respondent no. 6-Pushpendra Yadav taking into consideration the objection filed on behalf of the petitioner to the impleadment application of Pushpendra Yadav within a period of four weeks from the date of passing of the order on the impleadment application of the petitioner. October 27, 2025 Neetu WRIB No. 2257 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad