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2025 DAILYLAW 30184 (ALL)

SHRIKISHUN AND 4 OTHERS v. STATE OF U.P. AND 19 OTHERS

WRIC/8175/2025 · 2025-03-20

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41267 Court No. - 35 Case :- WRIT - C No. - 8175 of 2025 Petitioner :- Shrikishun And 4 Others Respondent :- State Of U.P. And 19 Others Counsel for Petitioner :- Akash Yadav,Devbratt Yadav,Ram Pratap Yadav Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed for the following relief: "(i) Issue a writ order or direction in the nature of mandamus commanding the Commissioner Azamgarh Division Azamgarh to decide the Stay application filed in the Revision being Revision No. C202515600000521 (Shrikishun and Others vs. Gaon Sabha and Others) under section 219 of the U.P. Land Revenue Act, on the date fixed and till the Stay application is decided by the Commissioner status quo in regard to the entries and possession in respect of the land in dispute may directed to be maintained between the parties, in better interest of justice." 3. Contention of the learned counsel for the petitioner is that in proceedings under Section 33/39 of U.P. Land Revenue Act, the revenue entries in favour of the petitioner has been expunged by order dated 24.02.2025. It has been further submitted by learned counsel for the petitioner that against the order dated 24.02.2025, the petitioner has preferred a revision before the Commissioner/respondent no. 2 along with stay application, which is pending consideration. By the order impugned passed by Chief Revenue Officer, the long standing revenue entry in favour of the petitioner has been expunged on an application moved by the Gaon Sabha. 4. Learned Standing Counsel has submitted that since the revision has already been filed by the petitioner and it would be appropriate that revision as well as stay application may be considered and decided by respondent no. 2 in a time frame as fixed by this Court. 5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No. 2 to consider and decide the aforementioned stay application in revision, in accordance with law, expeditiously, preferably within a period of four weeks from the date of production of a certified copy of this order after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. 6. The respondent no. 2 shall also make every endevour to decide the revision expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. 7. It is also provided that for a period of six weeks or till the disposal of stay application, the parites are directed to maintain status quo. 8. However, it is provided that in case the petitioner will seek adjournment in the stay application, the interim protection granted by this Court shall automatically vacated. Order Date :- 21.3.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad