OM PRAKASH AND 3 OTHERS v. STATE OF U.P. AND 9 OTHERS
WRIB/3066/2025 · 2025-08-12
J J Munir
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77686 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77686 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:138581 IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD *** WRIT - B NO. 3066 OF 2025 Om Prakash and others ….Petitioners Versus State of Uttar Pradesh and others
….Respondents Appearance :- For Petitioners
: Mr. Shesh Kumar Srivastava and Mr. Sunil Dubey, Advocates For Respondents : Ms. Monika Arya, Addl. Chief Standing Counsel for the State HON'BLE J.J. MUNIR, J. Heard learned Counsel for parties.
2. This writ petition has been filed, challenging the order dated 03.07.2025 passed by the Board of Revenue, Uttar Pradesh at Prayagraj, admitting the second appeal to hearing and passing an interim order.
3. It is, no doubt, true that before the Trial Court, after remand, in a revision, parties have agreed, as it appears, to the preliminary decree and much of the controversy raised in second appeal would be excluded, but, in exercise of our jurisdiction under Article 226 of the Constitution, we cannot cut short the statutory proceedings in a pending second appeal before the Board, which must reach its logical conclusion. The Board must decide the appeal on merits. There are already substantial questions of law framed, which must be answered. Court No.-49
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4. We do not find any good ground to interfere with the impugned order, admitting the appeal and granting an order of status quo, besides forbearing parties from creating any third party rights. At the same time, the second appeal here, which involves a short point, must not linger on.
5. In the circumstances, we direct that this appeal shall be heard by fixing two dates of effective hearing every month. The appeal shall be decided expeditiously, bearing in mind the aforesaid direction.
6. The writ petition stands disposed of in terms of the orders aforesaid.
7. The Registrar (Compliance) is directed to communicate this order to the Registrar, Board of Revenue, U.P. at Prayagraj. Allahabad August 13, 2025 I. Batabyal (J.J. MUNIR) JUDGE Whether the order is speaking : Yes Whether the order is reportable : No WRIT - B No. 3066 of 2025 Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad