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2025 DAILYLAW 71702 (ALL)

RAKHSHPAL SINGH AND ANOTHER v. THE BOARD OF REVENUE U.P. AND 15 OTHERS

WRIB/2580/2025 · 2025-07-10

J J Munir

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111514 Court No. - 49 Case :- WRIT - B No. - 2580 of 2025 Petitioner :- Rakhshpal Singh And Another Respondent :- The Board Of Revenue U.P. And 15 Others Counsel for Petitioner :- Anupam Kulshreshtha Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble J.J. Munir,J. This writ petition has been filed against an order dated 03.06.2025, by which the Board of Revenue have condoned the delay in preferring the Revision and directed it to come up for admission and consideration of the stay matter on 02.07.2025. It appears that considering the objection taken by Mr. Anupam Kulshreshtha, learned Counsel for the petitioner, who are the respondents in revision that the revision before the Board is not maintainable since earlier a Second Appeal and a Revision for the same relief were filed before the Circuit Bench at Agra and last of these was dismissed without liberty. The Board have indicated that they would hear the matter on the question of maintainability 'गगहतग'. Mr. Kulshreshtha submits that ex facie the Revision before the Board is not maintainable and wants us to interfere at this stage.. We are not inclined to accept the said contention because the matter is pending before the Board at an interlocutory stage, where delay alone has been condoned. The question of maintainability, as appears from the impugned order dated 03.06.2025, has been kept open by the Board for consideration so that the issue of maintainability may not be lost. We direct the Board that they will first examine the question of maintainability on ground that this is a second revision after an earlier revision and/or appeal has been dismissed by the Board sitting at Agra without liberty to file afresh. It is after the question of maintainability is decided that the Board would hear the matter for admission and orders on the stay matter, subject to the outcome of the decision as to maintainability. This petition is disposed of in terms of the above orders. Mr. Avinash Chandra Srivastava, Advocate is present on behalf of the private respondents. Order Date :- 11.7.2025 Deepak Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad