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2025 DAILYLAW 64435 (ALL)

JAMSHIDA v. BOARD OF REVENUE UP AT ALLAHABAD AND 13 OTHERS

WRIB/2344/2025 · 2025-07-10

J J Munir

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110935 Court No. - 49 Case :- WRIT - B No. - 2344 of 2025 Petitioner :- Jamshida Respondent :- Board Of Revenue Up At Allahabad And 13 Others Counsel for Petitioner :- Furquan Ahmad (Alvi) Counsel for Respondent :- C.S.C. Hon'ble J.J. Munir,J. The plaintiff-petitioner filed for declaration of his rights in land to the extent of being a co-sharer. The suit for declaration was decreed by the Sub Divisional Officer and the defendant's appeal to the Commissioner, Azamgarh Division, Azamgarh, dismissed, affirming the Trial Court. The Board of Revenue, on a second appeal, has stayed the operation of the order dated 05.03.2025 passed by the Commissioner, Azamgarh Division, Azamgarh and the order dated 17.10.2022 passed by the Sub Divisional Officer, Sadar, vide order dated 07.05.2025. It is argued by the learned counsel for the petitioner that the second appeal has been admitted to hearing by a manifestly illegal order, and the interim orders granted too, are absolutely illegal. He prays that the order of admission dated 07.05.2025, passed by the Board of Revenue and the further order granting interim stay of operation of the decree dated 05.03.2025 passed by the Commissioner and the order dated 17.10.2022 passed by the Sub Divisional Officer, be quashed. The submission of the learned counsel for the petitioner is that the Board of Revenue has manifestly erred in entertaining the appeal and passing an ad interim order because the daughter of Majid, who is the petitioner's mother had executed a registered power of attorney in petitioner's favour on 24.05.2017. The other submissions are also made to show that no substantial questions of law are involved in the appeal, and, in any case, an interim order ought not have been made. A perusal of the record and the order impugned which is an ad interim order staying the operation of the decrees passed by the two Courts below and directing parties to maintain status quo shows that it is a provisional order and not one of moment which may necessitate scrutiny of merits of the parties' case. It is seldom that this Court in the exercise of our jurisdiction under Article 226 of the Constitution, would interfere with an interim order passed in Second Appeal by the Board, which has statutory jurisdiction to determine such an appeal. We, therefore, decline to interfere with the impugned order. At the same time, upon a prayer made by the learned counsel for the petitioner, we find it expedient to expedite proceedings of the appeal. The Board of Revenue is directed to proceed with the hearing of the appeal after securing records forthwith fixing one date of effective hearing every week. The Board will endeavour to decide the appeal expeditiously adhering to the aforesaid weekly schedule. This petition is disposed of in terms of the aforesaid order. Let this order be communicated to the Member concerned, Board of Revenue, U.P. at Prayagraj through the Registrar of the Board by the Registrar (Compliance) within 24 hours. Order Date :- 11.7.2025 Brijesh Maurya Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad