Jagdishwari And 2 Others vs State Of U.P. And 2 Others
2022 Latest Caselaw 19572 ALL

Citation : 2022 Latest Caselaw 19572 ALL
Judgement Date : 2 December, 2022

Allahabad High Court

Jagdishwari And 2 Others vs State Of U.P. And 2 Others on 2 December, 2022

Bench: Chandra Kumar Rai




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 52
 

 
Case :- WRIT - B No. - 3334 of 2022
 

 
Petitioner :- Jagdishwari And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Om Prakash Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Chandra Kumar Rai,J.

Heard Mr. Om Prakash Pandey, Counsel for the petitioners and learned Standing Counsel for respondent Nos. 1 and 2.

The instant writ petition has been filed praying for a mandamus directing respondent No.2 Board of Revenue U.P. Allahbad to decide the Second appeal No.1061of 2022 computerized case No. AL20220544001061 (Awadh Bihari vs. Smt. Jageshwari Devi and others) after passing necessary order on the admission of appeal within stipulated period.

Learned counsel for the petitioner submitted that suit under Section 229-B of U.P.Z.A&L.R. Act filed by the contesting respondents was dismissed by the trial court and the decree of the trial court was maintained in the first appeal also. Against the judgment and decree of the courts below, the second appeal was filed along with the application under Section 5 of the imitation Act. He further submitted that the Board of Revenue although has condoned the delay but no order has been passed on the admission of the appeal. He further submitted that without admitting the appeal, interim order has been granted by the Board of Revenue, which is not proper.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to respondent No.2-Board of Revenue to pass necessary order on the admission of the appeal in accordance with law expeditiously and preferably within a period of two months from the date of production of certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties.

Order Date :- 2.12.2022

PS*