Allahabad High Court
Smt. Vidhyawati Tiwari vs Board Of Revenue, U.P. Lucknow ... on 24 May, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:36429
Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 2739 of 2023
Petitioner :- Smt. Vidhyawati Tiwari
Respondent :- Board Of Revenue, U.P. Lucknow Thru. Chairman And Others
Counsel for Petitioner :- Mohiuddin Khan
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 has prayed for the following main reliefs:-
"(i) Issue an order or direction thereby staying the operation and implementation of the judgment and order dated 06.01.2023 passed by the respondent no.2 in First Appeal No.C- 202110000000504, Smt. Vidhyawati Versus Udal Properties Private Limited and others and the judgment and order dated 06.03.2021 passed by the respondent no.3 in Case No. 282/2013-2014, Udal Properties Private Limited and others Versus Smt. Vidhyawati and others during the pendency of the Second Appeal No.289 of 2023, Smt. Vidhyawati Tiwari Versus Udal Properties Private Limited and others pending before the learned Board of Revenue U.P., Lucknow.
(ii) Issue an order or direction thereby directing the learned Board of Revenue U.P., Lucknow to expedite the proceedings of Second Appeal No.289 of 2023, Smt. Vidhyawati Tiwari Versus Udal Properties Private Limited and others and decide the stay application dated 23.01.2023 pending in the same expeditiously within the time bound period as may be fixed by this Hon'ble Court and till the disposal of the stay application dated 23.01.2023 the respondents no.4 and 5 may kindly be directed to maintain status quo over the property in question."
Considering the averments made in this petition as also the reliefs sought, this Court finds that justice would suffice if a direction is issued to the respondent No. 1/Board of Revenue, U.P., Lucknow to consider and decide the application of the petitioner dated 23.01.2023 seeking interim protection as also the appeal, in issue.
Accordingly, this petition is disposed of with a direction to the respondent No. 1/Board of Revenue, U.P., Lucknow to consider and decide the pending application of the petitioner dated 23.01.2023 within a period of one month from the date of production of certified copy of this order after providing proper opportunity of hearing to the parties concerned. It is further provided that the respondent No. 1 shall also conclude the proceedings of the appeal, in issue, within the statutory period as provided under paragraph 458(2) of U.P. Revenue Court Manual, as per which, the appeal or revision should preferably be decided within six months.
The petitioner is directed to file an affidavit of undertaking before the Authority concerned that she would appear on each date fixed in the case and 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.
Order Date :- 24.5.2023
Arun/-
