Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 27183 (ALL)

DEVNATH v. STATE OF U.P. AND 4 OTHERS

WRIB/883/2025 · 2025-03-06

Chandra Kumar Rai

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:33704 Court No. - 50 Case :- WRIT - B No. - 883 of 2025 Petitioner :- Devnath Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Praveen Kumar Singh,Rahul Kumar Tyagi Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Rahul Kumar Tyagi, learned counsel for the petitioner, Mr. T.P. Gupta, learned Standing Counsel for the State respondents and Mr. Azad Rai, learned counsel for respondent- Gaon Sabha. 2. The instant petition has been filed for the following reliefs:- "(i) Issue an appropriate writ order or direction quashing impugned judgement and order dated 28.10.2021 passed by respondent no.3 in case No. 1023 of 2021, computer case No. D202102420001023 State Vs. Devnath. (ii) Issue an appropriate writ order or direction restraining the State respondents to interfere in the peaceful possession of the petitioner with respect to Arazi No. 53 admeasuring area 0.171 hectare is situated at Majara Faridpur, Pargana Karari, Tehsil Manjhanpur, District Kaushambi up to the finalization of the revisional proceedings bearing revision No. 136 of 2022, computer case No. AL2022024200136 Devnath Vs. State and Others." 3. Counsel for the petitioner submitted that highly time barred cancellation proceeding initiated by State in respect to the lease granted in favour of predecessor of the petitioner in the year 1975. He submitted that Sub Divisional Officer has cancelled the lease vide order dated 28.10.2021. He submitted that against the order of cancellation of lease dated 28.10.2021, revision under Section 210 of U.P. Revenue Code, 2006 was filed on behalf of petitioner before Board of Revenue in which no interim order has been granted by Board of Revenue, as such, the respondents be restrained from interfering with the peaceful possession of the petitioner with respect to plot in question till the disposal of pending revision before Board of Revenue. He further placed the certified copy of the order sheet of the pending proceeding which is annexed along with the instant petition. 4. On the other hand, Mr. T.P. Gupta, learned Standing Counsel for the State respondents and Mr. Azad Rai, learned counsel for respondent- Gaon Sabha submitted that against the impugned order dated 28.10.2021, the revision filed by petitioner is pending before Board of Revenue for last two years, as such, the instant petition cannot be entertained. 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 against the order of cancellation of petitioner's lease, revision has been filed by petitioner before Board of Revenue which is pending for last more than two years. 7. Considering the entire 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 expeditiously preferably within period of two months from the date of production of certified copy of this order. Order Date :- 7.3.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad