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2025 DAILYLAW 65011 (ALL)

SANTOSH KUMAR v. BOARD OF REVENUE UP AT PRAYAGRAJ AND 12 OTHERS

WRIB/2324/2025 · 2025-07-10

J J Munir

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110786 Court No. - 49 Case :- WRIT - B No. - 2324 of 2025 Petitioner :- Santosh Kumar Respondent :- Board Of Revenue Up At Prayagraj And 12 Others Counsel for Petitioner :- Vinay Kumar Mishra Counsel for Respondent :- C.S.C.,Narendra Kumar Singh,Pradeep Singh Hon'ble J.J. Munir,J. This petition has been filed challenging an ad interim order of stay passed in a revision whereby he has admitted the revision to hearing and granted an ad interim stay of operation of the order dated 01.03.2025 passed by the Collector, Bhadohi cancelling the agricultural Patta in favour of respondent nos. 2 and 3. Heard Mr. Vishesh Rajvanshi, Advocate holding brief of Mr. Vinay Kumar Mishra, learned counsel for the petitioner in support of the motion to admit this petition to hearing at considerable length, Mr. N.K. Singh, learned counsel for respondent no. 2, Mr. Pradeep Singh, learned counsel appearing on behalf of the Gaon Sabha and Mr. Akhilesh Kumar Tripathi, learned Standing Counsel appearing on behalf of the State. Despite the very persuasive arguments that Mr. Rajvanshi has advanced, we regret we cannot entertain this petition. The reason is that the order impugned passed in revision at the instance of the lessee/Patta-holder is an ad-interim order where the stay application is still pending. It is not even an interim order absolute. The rights of parties have still to be decided by the Board. By no means is the impugned order an order of such moment that we may interfere with it in the exercise of our jurisdiction under Article 226 of the Constitution. At this stage, Mr. Rajvanshi submits that the hearing of the revision may be expedited. It is, therefore, directed that the Board of Revenue, U.P. at Prayagraj will proceed with the hearing of the revision fixing one date of effective hearing every week and endeavour to decide the revision expeditiously. 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) by Monday next. Order Date :- 11.7.2025 Brijesh Maurya Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad