Allahabad High Court
Babu Lal And Another vs State Of U.P. And 4 Others on 19 September, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- WRIT - B No. - 2363 of 2022 Petitioner :- Babu Lal And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhinava Krishna Srivastava Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J.
Heard Mr. Abhinava Krishna Srivastava, learned counsel for the petitioners and learned Standing Counsel for respondent Nos. 1 and 2.
The instant writ petition has been filed praying for a mandamus directing respondent No.2 i.e. Board of Revenue, U.P. Allahabad, to decide the stay application filed in the pending second appeal No.1389 of 2022 within stipulated period.
Learned counsel for the petitioners submitted that proceeding under Section 176 of U.P.Z.A. & L.R. Act for partition was filed by the petitioner and now the second appeal is pending at the instance of the petitioner before the Board of Revenue. He further submitted that the second appeal has been filed in May, 2022 along with the stay application, but till date neither any order on the admission has been passed nor stay application has been considered and the other side is trying to raise construction over the land in dispute and they are interested to alienate the property in dispute, as such admission as well as consideration of the stay matter is urgent.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, in view of ratio of law laid by this Hon'ble Court, in case of Ali Sher Vs. State of U.P. through Collector, Bijnor and others, 2007 (102) R.D. 498 the present petition stands disposed of finally with a direction to respondent No.2 Board of Revenue, U.P. Prayagraj to pass necessary order on the admission as well as stay application in pending second appeal No.1389 of 2022 (Babu Lal and others Vs. State of U.P. and others) in accordance with law on merit expeditiously and preferably within a period of two months from the date of production of certified copy of this order after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties.
Order Date :- 19.9.2022 PS*