Smt. Kalawati Mishra v. Board of Revenue, U.P., Lucknow Thru. Chairman and Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5989 of 2023 Petitioner :- Smt. Kalawati Mishra Respondent :- Board Of Revenue, U.P., Lucknow Thru. Chairman And Others Counsel for Petitioner :- Suvivek Bajpai Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Shree Prakash Singh,J.

¶1Heard Sri Suvivek Bajpai, learned counsel for the the petitioner, learned counsel for the Gaon Sabha, Sri Hemant Pandey, learned standing counsel for the State and perused the record.

¶2The instant petition has been filed with the following relief:-

(i) A direction to the Board of Revenue, Uttar Pradesh, Lucknow (opposite party no. 1) to consider and decide the Interim Relief Application pending in the Revision No. 1812/2023 Computerized No. R20231058001812 "Smt. Kalawati Mishra versus Sub Divisional Magistrate, Maharajganj and others" filed by the petitioner under Section 333 of U.P.ZA. & L.R. Act and till the disposal of the Interim Relief Application the parties may be directed to maintain the "Status-quo" upon the land in question.

(ii) Any other order or direction which this Hon'ble Court may deem appropriate and proper in the circumstances and allow this Petition with substantial cost, throughout.

¶3The learned counsel appearing for the petitioner submits that the matter is pending consideration and the same has still not been decided. He added that the interest of justice would sub-serve if this Hon'ble Court would be pleased to direct the opposite party no. 1 to decide Interim Relief Application pending in the Revision No. 1812/2023 Computerized No. R20231058001812 within a stipulated period of time as may be fixed by this Court.

¶4The learned Standing Counsel has no objection to the contention aforesaid.

¶5In view of the aforesaid innocuous prayer, the Board of Revenue, Uttar Pradesh, Lucknow is hereby directed to decide the the Interim Relief Application pending in the Revision No. 1812/2023 Computerized No. R20231058001812 "Smt. Kalawati Mishra versus Sub Divisional Magistrate, Maharajganj and others" filed by the petitioner under Section 333 of U.P.ZA. & L.R. Act within a period of thirty days, from the date of certified copy is produced before it, in accordance with law, after affording opportunity of hearing to all the parties, if there is no legal impediment.

¶6The aforesaid order is subject to cooperation of the petitioner.

¶7Accordingly, the instant petition is disposed of. Order Date :- 29.11.2023 Mayank High Court of Judicature at Allahabad, Lucknow Bench