Allahabad High Court
Bakelal vs Board Of Revenue, U.P., Lucknow ... on 10 May, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:32220
Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 2340 of 2023
Petitioner :- Bakelal
Respondent :- Board Of Revenue, U.P., Lucknow Thru. Chairman And Others
Counsel for Petitioner :- Gaurav Kumar Hasani
Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the parties.
In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with.
By means of this petition, the petitioner seeks expeditious disposal of interim relief application dated 24.02.2023 preferred in Revision No. 677 of 2023 District Gorakhpur, Computerized Case No. R2023053100677 (Bakelal vs. Indrajeet Chauhan and others), under Section 219 of U.P. Land Revenue Act, 1901 pending before the respondent No. 1/Board Of Revenue, U.P., Lucknow.
The submission of learned counsel for the petitioner is that challenging the order dated 12.01.2023 as also the order dated 16.07.1979 passed by the Nayab Tehsildar Nagar, Tehsil Sadar, District Gorakhpur in the proceedings related to mutation of name in revenue records, the petitioner approached the Revisional Authority by means of a Revision No. 677 of 2023, which as per the order dated 27.03.2023 was admitted for haring, however, the Revisional Authority has not passed any order on the application preferred by the petitioner seeking interim relief, though, as per settled principle of law, an interim injunction ought to have been granted. In this regard, reference has been made to a judgment rendered by the Hon'ble Apex Court in the case of Mool Chand Yadav and another vs. Raza Buland Sugar Co. Ltd., Rampur and others reported in (1982) 3 SCC 484. The prayer is to expedite the proceedings of pending application.
Be that as it may, an application seeking interim relief is still pending and this petition has been filed seeking a direction for expeditious disposal of the application seeking interim relief. Accordingly, this petition is disposed of with a direction to the respondent No.1 to consider and decide the interim relief application dated 24.02.2023 preferred in Revision No. 677 of 2023 District Gorakhpur, Computerized Case No. R2023053100677 (Bakelal vs. Indrajeet Chauhan and others) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any unnecessary adjournment to either party preferably within a period of three months from the date a certified copy of this order is placed before the Authority concerned, if possible and if there is no other legal impediment in this regard.
The petitioner is directed to file an affidavit of undertaking before the Authority concerned that he would appear on each date fixed in the case and he will not take any adjournment before the Authority concerned.
It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.
With the aforesaid, the petition is disposed of.
Order Date :- 10.5.2023
Arun/-
