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2025 DAILYLAW 24776 (ALL)

GAURI SHANKAR v. STATE OF U.P. AND 3 OTHERS

WRIB/832/2025 · 2025-03-04

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31264 Court No. - 50 Case :- WRIT - B No. - 832 of 2025 Petitioner :- Gauri Shankar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajnath Ydav 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- Land Management Committee and Mr. Rajesh Srivastava, learned Standing Counsel for the State respondents. 2. The instant petition has been filed for the following relief:- "A writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the application dated 22.1.2025 filed by the petitioner under Order 7 Rule 11 of C.P.C. in revision No. 4461 of 2024, computerized case No. AL20240242004461 (Shiv Baran Vs. Gauri Shankar and another) pending before him expeditiously within an stipulated period as fixed by this Hon'ble Court." 3. Counsel for the petitioner submitted that proceeding under Section 24 of U.P. Revenue Code, 2006 has been decided in proper manner rejecting the application filed by contesting respondents under Section 24 of U.P. Revenue Code, 2006. He submitted that in place of filing appeal, revision under Section 210 of U.P. Revenue Code, 2006 has been filed by respondent no.3 which has been entertained and interim order has been granted in the revision. He submitted that petitioner has appeared and filed an application dated 10.1.2025/ 22.1.2025 stating that revision is not maintainable before the Board of Revenue but no order has been passed on the application filed by petitioners. 4. I have considered the arguments advanced by learned counsel for the petitioner and perused the records. 5. There is no dispute about the fact that revision filed by respondent no.3 under Section 210 of U.P. Revenue Code, 2006 has been entertained by Board of Revenue and interim order has been granted. There is also no dispute about the fact that petitioner has appeared in the aforementioned revision and filed application regarding maintainability of revision which is pending for disposal. 6. Considering the facts and circumstances of the case, the instant petition is finally disposed of directing the respondent no.2, Board of Revenue, U.P. Prayagraj to decide the aforementioned revision, considering the objection of the petitioners dated 10.1.2025/ 22.1.2025 expeditiously preferably within period of two months from the date of production of certified copy of this order after affording opportunity of hearing to both the parties. Order Date :- 5.3.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad