Ram Asray v. State of U.P. and 4 Others

Court No. - 47 Case :- WRIT - C No. - 38743 of 2023 Petitioner :- Ram Asray Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dinesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the parties and perused the record.

¶2The instant petition has been filed praying for a mandamus directing respondent No.2 to get demarcation and Hadbandi of Plot No.301 forthwith.

¶3Learned counsel for the petitioner is permitted to implead Board of Revenue, Prayagraj, as a party respondent in the array of parties.

¶4Contention of learned counsel for the petitioner is that an order u/s 24 of the U.P. Revenue Code, 2006 has been passed in favour of the petitioner. It has been informed by learned counsel for the petitioner that against the said order, an appeal was filed by respondents No.3 to 5 and the same has been dismissed, against which, a revision has been filed being Revision No.655/2023 before the Board of Revenue, in which initially, the interim order was granted, however, the same was never extended.

¶5Learned Standing Counsel has opposed the prayer on the ground that since the revision is pending before Board of Revenue, Prayagraj, it would be in the interest of justice that the same may be decided, in accordance with law.

¶6In view of the above, this Court is not inclined to interfere with the matter.

¶7Accordingly, the writ petition stands disposed of with direction to the concerned authority/respondent No.6 - Board of Revenue, Prayagraj to consider and decide the aforesaid revision, in accordance with law, expeditiously, preferably within a period of two months from the date of certified copy of this order after providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. Order Date :- 8.11.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad