Neutral Citation No. - 2025:AHC:28158 Court No. - 50 Case :- WRIT - B No. - 758 of 2025 Petitioner :- Girdhari Lal Respondent :- Board Of Revenue U.P. At Prayagraj And 11 Others Counsel for Petitioner :- Pramod Kumar Pandey Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard counsel for the petitioner, Mr. Azad Rai, learned counsel for respondent- Gaon Sabha and Mr. Alok Srivastava, learned Standing Counsel for the State respondents. 2. The instant petition has been filed for the following reliefs:- "(i) Issue an order or direction in the nature of certiorari to quash the impugned order dated 14.5.2024 passed by respondent no.1. (ii) Issue a writ in the nature of mandamus directing the property in question to be maintained status quo and not to be alienated and change the nature of plots in question till final adjudication, pendency of the second appeal before respondent no.1. And second appeal may also be directed to be expedited if possible." 3. Counsel for the petitioner submitted that in second appeal filed on behalf of the petitioner arising out of suit under Section 229-B of U.P.Z.A. and L.R. Act, the record of the proceeding has been summoned but no interim protection has been granted by the Board of Revenue. He submitted that petitioners was granted interim protection during pendency of the suit, first appeal as well as during pendency of the writ petition before this Court in respect to the same proceeding, as such, petitioner is entitled for interim protection during pendency of second appeal before Board of Revenue. He submitted that application for interim relief has been rejected under the impugned order in arbitrary manner. He submitted that appropriate direction be issued for expeditious disposal of second appeal in accordance with law and till the pendency of second appeal, the interim protection should be granted in favour of petitioner. 4. On the other hand, Mr. Standing Counsel for the State respondents as well as learned counsel for respondent- Gaon Sabha submitted that no interference is required in the matter as the second appeal has not been admitted till date by the Board of Revenue, as such, interim protection/ stay cannot be granted in the second appeal. 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 second appeal filed by petitioner is pending before Board of Revenue but the second appeal has not been admitted till date. There is also no dispute about the fact that record of the proceeding has been summoned but application for interim relief has been rejected. 7. The law is settled that unless second appeal is admitted, no interim order can be granted by the second Appellate Court. 8. In the instant matter, the second appeal has not been admitted so far as such, the Board of Revenue should pass necessary order regarding admission of the appeal in accordance with law expeditiously and after admission of second appeal, the prayer for interim relief shall be considered by Board of Revenue subject to filing of fresh application for interim relief by appellant. 9. Considering the entire facts and circumstances of the case and without expressing any opinion on the merit of the second appeal, the instant petition is finally disposed of directing the respondent no.1, Board of Revenue, U.P. at Prayagraj to pass necessary order regarding admission of aforementioned second appeal within period of six weeks from the date of production of certified copy of this order. The prayer for interim relief shall be considered subject to admission of the second appeal as mentioned in the proceeding paragraph of this order. Order Date :- 28.2.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad