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Neutral Citation No. - 2025:AHC:36156 Court No. - 50 Case :- WRIT - B No. - 941 of 2025 Petitioner :- Ramanand Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Santosh Kumar Singh Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble Chandra Kumar Rai,J.
1. Heard Sri Santosh Kumar Singh, learned counsel for the petitioner, Sri Ashok Kumar Sonkar, learned standing counsel for the state-respondents and Sri Pradeep Singh,
learned counsel for the respondent-gaon sabha.
2. The instant petition has been filed for the following reliefs:- (i) Issue a writ, order or direction in the nature of mandamus, directing the respondent no.2 to decide the stay application filed by petitioner in Revision No.5396 of 2024 (Ramanand vs. Gaon Sabha and another) within stipulated period as directed by this Hon'ble Court. (ii) Issue a writ, order or direction in the nature of mandamus, directing the parties concerned to maintain status quo in land in dispute during the pendency of revision before respondent no.2."
3. Counsel for the petitioner submitted that the proceeding under Section 28 of the U.P. Land Revenue Act, initiated at the instance of the petitioner, was decided in arbitrary manner. He submitted that the revision filed on behalf of the petitioner under the U.P. Land Revenue Act, 1901 along with stay application is pending before respondent no.2/Board of Revenue, U.P. at Prayagraj. He submitted that during the pendency of the proceeding under Section 28 of the U.P. Land Revenue Act, 1901, an interim order was granted by the Additional Collector. He submitted that appropriate direction should be issued for disposal of the pending stay application within a time-bound period and till the disposal of the revision filed by the petitioner, the interim protection for maintaining status quo should be granted.
4. I have considered the arguments advanced by learned counsel for the petitioner and perused the records.
5. There is not dispute about the fact that the proceeding
under Section 28 of the U.P. Land Revenue Act initiated at the instance of the petitioner was dismissed and revision filed by the petitioner along with stay application is pending.
6. Considering the entire facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to respondent no.2/Board of Revenue, U.P. at Prayagraj to pass appropriate order on the pending stay application, as expeditiously as possible, preferably within a period of 4 weeks, from the date of production of a certified copy of this
order before the respondent no.2. It is further directed that after passing necessary order on the stay application, the revision itself shall be decided, expeditiously, preferably within a period of 8 weeks from the date of disposal of the stay application, after affording proper opportunity of hearing to the parties concerned, in accordance with law.
Order Date :- 12.3.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad