Allahabad High Court
Ram Khelawan And 5 Others vs Commissioner Devi Patan Mandal Gonda ... on 17 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 3 Case :- WRIT - C No. - 8040 of 2022 Petitioner :- Ram Khelawan And 5 Others Respondent :- Commissioner Devi Patan Mandal Gonda And Ors. Counsel for Petitioner :- Afzal Hasan Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Attau Rahman Masoodi,J.
Hon'ble Om Prakash Shukla,J.
Heard learned counsel for the petitioners, learned Standing Counsel for the State and Sri Pankaj Gupta learned counsel who has put in appearance on behalf of opposite party no. 3.
Admittedly, a revision arising out of the order dated 18.6.2022 passed by the Apar Collector/Chief Revenue Officer, Baharaich in case no. 174 of 2012-2013 is pending before the Commissioner, Devi Patan Mandal, Gonda. The revision filed under Section 219 of the Land Revenue Act, 1901 has already been admitted by the order dated 31.8.2022 and the record has been summoned.
Learned counsel for the petitioner has submitted that the pendency of revision though admitted is causing an irreparable loss and injury to the petitioner as the boundaries of the land in the meantime pursuant to the order passed by the revenue court are stated to be altered.
It is well settled that once the appeal/revision is admitted by the higher court, the order passed by the lower court ought not to be given effect to during pendency of the proceedings before the higher court.
In the circumstances of the case, we hereby direct the revisional court to decide the pending revision expeditiously and preferably within a period of three months from the date of production of a certified copy of this order.
It is also open to the petitioner to make an application for interim relief if the situation so warrants. The application so filed shall be decided within a period of two weeks from the date of its filing.
The writ petition is accordingly disposed of.
Order Date :- 17.11.2022 kanhaiya