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2025 DAILYLAW 192247 (ALL)

PRAVEEN KUMAR GARG v. STATE OF U.P. AND 5 OTHERS

WRIC/34309/2025 · 2025-10-08

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34309 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents No.1 to 6. 2. The petitioner being aggrieved by order dated 19.06.2025 passed by the Commissioner, Vindhyachal Mandal, Mirzapur by which the appeal of the petitioner against the order dated 01.05.2020 passed by the District Magistrate, Sonbhadra has been dismissed, has preferred a revision bearing Revision No.87 (R)/G & M (UP)/2025 before the State Government. 3. Now during the pendency of the revision, the Revisional Authority has rejected the stay application of the petitioner on misconceived ground. 4. It is contended that once the revision of the petitioner has been admitted, the Revisional Authority should have considered the stay application on the settled principles of law in respect of grant of interim order, therefore, the impugned order rejecting the stay application is bad. 5. Learned Standing Counsel would contend that the Revisional Authority has given cogent reason in rejecting the stay application and therefore, no interference is required by this Court. 6. Be that as it may, the revision of the petitioner has been admitted but the stay application has been rejected. Since the Revisional Authority has found that the petitioner has made out a prima facie case for admission of Versus Counsel for Petitioner(s) : Himanshu Srivastava, Madan Lal Srivastava Counsel for Respondent(s) : C.S.C. Praveen Kumar Garg .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) revision, therefore, we are of the view that the Revisional Authority ought to have granted interim order. 7. In such view of the fact, we dispose off the writ petition directing the Revisional Authority i.e. respondent No.2-Special Secretary, Directorate of Geology and Mining, UP, Lucknow to decide the Revision No.87 (R)/G & M (UP)/2025 of the petitioner within a period of four months from today strictly in accordance with law. It is further provided that for a period of five months or till the disposal of the Revision No.87 (R)/G & M (UP)/2025 of the petitioner whichever is earlier, no coercive action shall be taken against the petitioner by the respondents for recovering the amount in dispute. October 9, 2025 SS WRIC No. 34309 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad