HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 3843 of 2025 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Supplementary affidavit filed on behalf of the petitioner is taken on record. 2. Heard Mr. Sanjay Kumar Mishra, learned counsel for the petitioner, Mr. Arvind Prabodh Dubey, learned counsel for respondent no.5, Mr. Rajesh Kumar Srivastava, learned Standing Counsel for the State- respondents and Mr. Sudhir Bharti, learned counsel for the respondent- Gaon Sabha. 3. The instant writ petition has been filed for the following reliefs: "i. issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 3.9.2025 passed by respondent no.2. ii. issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to consider the stay application filed in second appeal no.3932 of 2025 (Ram Lakshan vs. Chandrika and others)." 4. Learned counsel for the petitioner submitted that the second appeal filed on behalf of the petitioner arising out of suit for partition under Section 116 of U.P. Revenue Code, 2006 is pending before the Board of Revenue. He further submitted that the Board of Revenue has not admitted the appeal rather issued notice. He further submitted that the appeal was accompanied by the application for interim relief but no order was passed on the application for interim relief. He further submitted that Versus Counsel for Petitioner(s) : Sanjay Kumar Mishra Counsel for Respondent(s) : Arvind Prabodh Dubey, C.S.C., Naushad Alam, Sudhir Bharti Ram Lakshan .....Petitioner(s) State Of U.P. And 11 Others .....Respondent(s) the respondents are raising construction over the plot in question, as such, interim relief is required in the matter. 5. On the other hand, learned counsel for the respondent submitted that no interference is required in the matter as second appeal filed by the petitioner is pending before the Board of Revenue. 6. I have considered the argument advanced by learned counsel for the parties and perused the records. 7. There is no dispute about the fact that second appeal along with application for interim relief arising out of partition suit filed at the instance of the petitioner is pending before the Board of Revenue. 8. Considering the facts and circumstances of the case, the instant writ petition is disposed of directing the respondent no.2/ Board of Revenue to pass the order for admission of second appeal in accordance with law after affording proper opportunity of hearing to the parties within period of four weeks from the date of production of certified copy of this order. It is further directed that after admission of the appeal, the proper order shall be passed on the application for interim relief in accordance with law within the aforementioned period. September 25, 2025 Rameez WRIB No. 3843 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad