Allahabad High Court
Smt. Umapati vs Board Of Revenue U.P. Lucknow Thru. ... on 23 April, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:22979
Court No. - 7
Case :- WRIT - B No. - 358 of 2025
Petitioner :- Smt. Umapati
Respondent :- Board Of Revenue U.P. Lucknow Thru. Chairman And 5 Others
Counsel for Petitioner :- Anjani Nath Khare,Himanshu Kumar Bachhil
Counsel for Respondent :- C.S.C.,Ashok Kumar Singh,Pankaj Gupta
Hon'ble Saurabh Lavania,J.
Heard Sri Anjani Nath Khare, Advocate alongwith Sri Himanshu Kumar Bachhil, Advocate, learned counsel for the petitioner, Sri Rajendra Prasad Maurya, Advocate alongwith Sri Hemant Kumar Pandey, Advocate, learned State counsel appearing for the respondent Nos. 1 to 3, Sri Pankaj Gupta, Advocate, who has received notice on behalf of respondent No. 4/Gram Sabha concerned and Sri Ashok Kumar Singh, learned counsel appearing for the private opposite party No. 5/Smt. Shatromati w/o Sri Bhumi Deo Tiwari.
In view of order proposed to be passed, issuance of notice to the private-respondent No. 6 is hereby dispensed with.
The instant petition has been preferred seeking following main relief(s):-
"i. A writ, order or direction in nature of Certiorari thereby quashing the impugned order dated 10.02.2025 in Case No. REV/4332/2024/Gonda computerized case no. R20240830004332, (Smt. Shatromati versus Smt. Umapati Devi) passed by the Board of Revenue / opposite party no.1, contained as Annexure No. 1 to this writ petition.
ii. A writ, order or direction in nature of Certiorari thereby quashing the revision REV/4332/2024/Gonda proceeding in Case No. computerized case no. R20240830004332, (Smt. Shatromati versus Smt. Umapati Devi) pending before the Board of Revenue / opposite party no.1, contained as Annexure No.22 to this writ petition.
iii. A writ, order or direction in nature of Mandamue commanding the Sub Divisional Officer, Tehsil - Sadar, District Gonda /opposite party no.2 to expeditiously decide the Appeal Case No.15786/2024, computerized case no.T202408300415786, (Smt. Umapati Devi versus Smt. Shatromati) pending before him, contained as Annexure No. 19 to this writ petition."
On being confronted after taking note of the entire facts of the case including the main ground to assail the impugned order dated 10.02.2025 passed by respondent No. 1/Board of Revenue, U.P., Lucknow in Revision/Case No. REV/4332/2024/Gonda, Computerized Case No. R20240830004332 (Smt. Shatromati versus Smt. Umapati Devi), wherein, the order dated 28.10.2024 passed by the Appeal Authority namely Sub-Divisional Magistrate, District- Gonda in Appeal No. 15786 of 2024 was challenged, whereby, the Appellate Authority entertained the said appeal and rejected the application of the private opposite party filed therein with a prayer to reject the appeal on account of non-impleadment of necessary party and also the observations made by this Court in various pronouncements including the judgment dated 15.02.2023 passed in Writ B-778 of 2022, (Jagdish Prasad vs. State of U.P. and Others), learned counsel for the petitioner says that justice would suffice if this petition is disposed of with a direction to the Authority/Court concerned namely Board of Revenue, U.P., Lucknow to conclude the proceedings of the revision pending before it within the time as specified by this Court.
The aforesaid has not been opposed.
Taking note of the aforesaid, without interfering in the impugned order(s), the instant petition is disposed of with a direction to the Authority/Court concerned namely Board of Revenue, U.P., Lucknow to consider and decide the aforesaid revision pending before it most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably within a period of six months from the next date fixed in the case, if there is no other legal impediment in this regard.
It is made clear that the Court has not examined the case of either party on merits and the Authority/Court concerned shall be free to decide the aforesaid case strictly in accordance with law.
With the aforesaid, the petition is disposed of.
Order Date :- 23.4.2025
Arun/-
