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2025 DAILYLAW 25859 (ALL)

KESHAV GUPTA v. BOARD OF REVENUE, U.P. AT ALLAHABAD AND 6 OTHERS

WRIB/860/2025 · 2025-03-05

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32119 Court No. - 50 Case :- WRIT - B No. - 860 of 2025 Petitioner :- Keshav Gupta Respondent :- Board Of Revenue, U.P. At Allahabad And 6 Others Counsel for Petitioner :- Syed Fahim Ahmed Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Sayed Fahim Ahmed, learned counsel for the petitioner and Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the State-respondents. 2. The instant petition has been filed for the following reliefs: "i. Issue a writ, order or direction in the mature of mandamus directing the Court of Board of Revenue, U.P., at Allahabad to decide the Stay Application filed in Civil Revision No.1583 of 2021 Under Section 210 of U.P. Revenue Code, 2006 (Keshav Gupta Tehsildar, Vs. Tehsil Sadar, District Rampur and others) within a time bound period as may be directed by this Hon'ble Court. ii. Issue a writ, order or direction in the nature of mandamus directing the Court of Board of Revenue, U.P., at Allahabad decide to the decide to Civil Revision No.1583 of 2021 Under Section 210 of U.P. Revenue Code, 2006 (Keshav Gupta Vs.Tehsildar, Tehsil Sadar, District Rampur and others) within a time bound period. iii. Issue a writ, order or direction in the nature of mandamus directing the parties to maintain status quo in relation to property situated at Village Dungarpur, Tehsil Sadar, District Rampur bearing Khata No.97 Gata No.306 admeasuring area of 0.721 hectare, Gata No.308/1/1 an of admeasuring an area of 0.379 hectare, Gata No.308/1/2 admeasuring an area 0.051 hectare, Gata No.308/1/3 of admeasuring an area of 0.114 hectare, Gata No.308/1/4 admeasuring an area 0.025 hectare, totaling an area of 1.290 hectare and Khata No.165 Gata No.308/2 admeasuring an area of 6.035 hectare. iv. Issue a writ, order or direction in the of mandamus directing the respondents not to change the nature of the property bearing Khata No.97 Gata No.306 admeasuring an area of 0.721 hectare, Gata No.308/1/1 admeasuring an area of 0.379 hectare, Gata No.308/1/2 admeasuring an area of 0.051 hectare, Gata No.308/1/3 admeasuring an area of 0.114 hectare, Gata No.308/1/14 admeasuring an area of 0.025 hectare, totaling an area of 1.290 hectare and Khata No.165 Gata No.308/2 admeasuring an area of 6.035 hectare situated at Village Dungarpur, Tehsil Sadar, District Rampur." 3. Learned counsel for the petitioner submitted that the revision filed on behalf of the petitioner under Section 210 of U.P. Revenue Code, 2006 before the Board of Revenue / respondent no.1 has been admitted on 26.9.2022 issuing notice to the opposite parties and summoning the record of the proceeding. He further submitted that opposite parties have put in appearance in the aforementioned revision but no counter affidavit has been filed. He next submitted that stay application dated 11.9.2023 has been filed on behalf of the petitioner in the aforementioned revision stating that opposite parties should be restrained from changing the nature of the property in dispute and maintain status quo in respect to the plot in dispute but no order has been passed on the aforementioned stay application, as such, necessary direction should be issued for expeditious disposal of the pending stay application as well as revision filed by the petitioner. 4. Without expressing any opinion on merits of the case and keeping in view of the facts and circumstances, respondent no.1/ Board of Revenue, U.P. at Allahabad is directed to decide the pending stay application dated 11.9.2023 after giving an opportunity of hearing to the parties in accordance with law expeditiously preferably within a period of six weeks from the date of production of certified copy of this order before him. Respondent no.1 is further directed to decide the aforementioned Revision No.1583 of 2021, under Section 210 of U.P. Revenue Code, 2006 (Keshav Gupta vs. Tahsildar, Tahsil- Sadar, District- Rampur) after affording proper opportunity of hearing to the parties within period of three months from the date of passing of the order on the aforementioned stay application dated 11.9.2023. 5. Accordingly, the writ petition is finally disposed of. Order date:6.3.2025 Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad