Lachchhi @ Lala Ram vs State Of U.P. And 16 Others
2022 Latest Caselaw 21506 ALL

Citation : 2022 Latest Caselaw 21506 ALL
Judgement Date : 16 December, 2022

Allahabad High Court

Lachchhi @ Lala Ram vs State Of U.P. And 16 Others on 16 December, 2022

Bench: Chandra Kumar Rai




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 52
 

 
Case :- WRIT - B No. - 3479 of 2022
 

 
Petitioner :- Lachchhi @ Lala Ram
 
Respondent :- State Of U.P. And 16 Others
 
Counsel for Petitioner :- Aditya Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Chandra Kumar Rai,J.

Heard Sri B.D. Mishra, Advocate holding brief of Sri Aditya Shukla, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

The instant petition has been filed for quashing the order dated 2.11.2022 passed by respondent no.2 i.e. Board of Revenue in pending Revision No.2292 of 2022 issuing notice to the opposite party.

Learned counsel for the petitioner submitted that the revision along with stay application has been filed before the Board of Revenue on 15.9.2022 the but Board of Revenue has only issued notice to the opposite party and the prayer for interim relief has not been considered by the Board of Revenue. He further submitted that the proceeding arises out of Section 59/60 of the U.P. Tenancy Act, 1939, as such, non consideration of stay matter will cause irreparable injury to the petitioner. He placed reliance upon the judgment of this Court reported in 2007 (102) RD 498, Ali Sher Vs. State of U.P. Through Collector, Bijnor and Others in order to demonstrate that the interim protection be granted during pendency of appeal / revision if the order under appeal and revision has serious civil consequences.

I have considered the argument advanced by learned counsel for the petitioner.

There is no dispute about the fact that revision along with stay application is pending before the Board of Revenue and the Board of Revenue has issued notice to the opposite party.

Considering the facts and circumstances of the case, the Board of Revenue i.e. respondent no.2 is directed to decide the stay application in accordance with law within period of six weeks from the date of the production of the certified copy of this order and after deciding the stay application, the entire revision be decided within period of four months from the date of passing the order on the stay application.

Accordingly, the writ petition is finally disposed of.

Order Date :- 16.12.2022

Rameez