Ganesha And Another vs The Board Of Revenue And 5 Others
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Allahabad High Court

Ganesha And Another vs The Board Of Revenue And 5 Others on 29 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:97631
 
Court No. - 49
 

 
Case :- WRIT - B No. - 2372 of 2024
 

 
Petitioner :- Ganesha And Another
 
Respondent :- The Board Of Revenue And 5 Others
 
Counsel for Petitioner :- Chandra Prakash Kushwaha
 
Counsel for Respondent :- Achal Singh,C.S.C.
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. This writ petition has been filed for following relief:-

"a. issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 not to give effect of judgment and order dated 07.11.2023 during pendency of Revision No. 466 of 2024 (Ganesha and another Vs. The Additional Commissioner and others) under Section 333 of U.P.Z.A. & L.R. Act, 1950 pending before the Hon'ble Board of Revenue U.P. at Prayagraj."

2. Contention of learned counsel for the petitioner is that patta was granted to the petitioner in the year 2013, an application was filed by the respondent no. 5 for cancellation of the patta which was rejected by the authority by its order dated 18.06.2015. Against the order dated 18.06.2015, a revision was filed by the respondent no. 5 which was dismissed on merits on 26.04.2017. Thereafter, after a lapse of five years, a restoration application was filed before the revisional court and the same was allowed by order dated 07.11.2023 and the revision has been restored. Against the said order, the petitioner has filed a revision before the Board of Revenue along with stay application. The Board of Revenue has merely issued notices and has not considered and decided the application for interim relief.

3. Since the proceedings are pending before the Board of Revenue, no useful purpose would be served in keeping this petition pending.

4. Respondent no. 1- The Board of Revenue, U.P. at Allahabad is directed to consider and decide the stay application within a period of eight weeks from the date of production of certified copy of this order after ensuring service upon the opposite parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment.

5. With these observations, the writ petition is disposed of.

Order Date :- 29.5.2024

Nitika Sri.

(Manish Kumar Nigam,J.)