RAMKHELAWAN AND ANOTHER v. STATE OF U.P. THRU. COLLECTOR, LAKHIMPUR KHERI AND OTHERS
WRIC/9571/2025 · 2025-10-27
Alok Mathur
body2025
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[ 2025 DAILYLAW 196404 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 196404 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9571 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J.
1. Heard Sri Rahul Srivastava, learned counsel for the petitioners as well as learned Standing counsel on behalf of the State- respondents.
2. The grievance raised in the present petition is with regard to the order dated 25.7.2025 passed by Sub Divisional Magistrate, Judicial, Tehsil Dhaurehra, District Lakhimpur Kheri wherein the application preferred by private respondents for stay of the proceedings has been allowed. It has been submitted that a suit under Section 229 (3) of U.P.Z.A. & L.R. Act was filed by the petitioner before the court of Sub Divisional Magistrate, Judicial, Tehsil Dhaurehra, District Lakhimpur Kheri and the same was dismissed for want of prosecution on 12.10.2023. The petitioner had moved an application for recall which was allowed on 22.4.2025 and the
order dated 22.4.2025 was challenged by private respondents in revision before Board of Revenue, Lucknow which is pending in revision No.2028 of 2025 before the Board of Revenue. Similarly, another order dated 26.5.2025 has also been assailed by private respondents before Commissioner, Lucknow Division, Lucknow which is also pending.
3. It is in aforesaid circumstances that an application for stay of the proceedings was made by private respondents which was allowed against which the present writ petition has been filed.
4. After arguing the matter at some length, learned counsel for the petitioner submits that he does not want to press prayer no.1 which is with Versus Counsel for Petitioner(s) : Rahul Srivastava Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Ramkhelawan And Another .....Petitioner(s) State Of U.P. Thru. Collector, Lakhimpur Kheri And Others .....Respondent(s)
regard to challenge made to the order dated 25.7.2025 and submits that the grievances of the petitioners shall stand substantially redressed in case Board of Revenue as well as Commissioner are directed to expedite the proceedings.
5. Considering the prayer made by the petitioner, it is noticed that the revisions have been pending before the authorities only for last two to three months and accordingly in these circumstances no case for direction to expedite the proceedings is made out. Accordingly, this Court declines to pass any order as prayed for by the petitioner.
6. However, liberty is granted to the petitioner to move suitable application before the court below within three weeks which may be considered and necessary orders passed thereon within two weeks thereafter and in case any urgency is made out it may expedite the proceedings and decide the same in accordance with law.
7. With aforesaid observation and direction the petition stands finally
disposed of. October 27, 2025 RKM.
WRIC No. 9571 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench