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2026 DAILYLAW 6215 (ALL)

SMT. MAINAWATI v. BOARD OF REVENUE UP AND 5 OTHERS

WRIB/3966/2026 · 2026-09-08

Anish Kumar Gupta

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 3966 of 2026 Court No. - 34 (SN.26) (Transfer from Court No. 51) HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Ram Lakhan Kashyap, learned counsel for the petitioner and Sri Achal Singh, learned counsel for respondent no. 4, Gaon Sabha, and Sri Raj Kumar Tiwari, learned Standing Counsel for the State. 2. The instant petition has been filed with the following prayers: "I) Issue a writ order or direction in the nature of mandamus directing to the respondent No.1 to decide the stay application filed in Second Appeal No. 4589 of 2025 "Smt. Mainawati Vs. Additional Commissioner (2nd)" within stipulated period fixed by this Hon'ble Court, which is pending before it. II) Issue a writ order or direction in the nature of mandamus directing to the respondents maintain status quo property in question, during the pendency of aforesaid stay application in the appeal." 3. Learned counsel for the petitioner submits that the petitioner has filed the Second Appeal before the Board of Revenue on 27.10.2025 with regard to the admission of the Second Appeal, the matter was heard on 27.10.2025, however, the Board of Revenue in its discretion, thought it appropriate to issue notice to the respondents before admitting the Second Appeal and passing any interim order. Versus Counsel for Petitioner(s) : Ram Lakhan Kashyap, Shivanshu Kashyap Counsel for Respondent(s) : Achal Singh, C.S.C. Smt. Mainawati .....Petitioner(s) Board Of Revenue Up And 5 Others .....Respondent(s) 4. The grievance of learned counsel for the petitioner is that since thereafter, the matter is not being taken up by the Board of Revenue and only the dates were fixed in the margin without passing any orders. 5. In such view of the matter, learned counsel for the petitioner submits that the Second Appeal may be heard on admission as well as the prayer for interim relief may also be decided by the Board of Revenue as expeditiously as possible within a time bound manner. 6. In such view of the matter, without adverting to the merits of the case of the petitioner the instant petition is disposed of with the direction to the respondent no.1, Board of Revenue, to proceed in the matter as expeditiously as possible and pass an appropriate order on the admission of the Second Appeal as well as on the interim application submitted by the petitioner within a period of three months from the date of production of certified copy of this order and shall also proceed to decide the Second Appeal as expeditiously as possible. September 9, 2026 Shubham Arya WRIB No. 3966 of 2026 2 (Anish Kumar Gupta,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad