Allahabad High Court High Court

Mulayam Singh & Others vs Board Of Revenue U.P. At Allahabad … on 6 August, 2010

Allahabad High Court
Mulayam Singh & Others vs Board Of Revenue U.P. At Allahabad … on 6 August, 2010
Court No. - 6

Case :- WRIT - B No. - 46323 of 2010

Petitioner :- Mulayam Singh & Others
Respondent :- Board Of Revenue U.P. At Allahabad Thru' Chairman &
Others
Petitioner Counsel :- Manoj Misra
Respondent Counsel :- C.S.C.,D.D. Chauhan

Hon'ble Prakash Krishna,J.

Heard Shri Manoj Mishra, learned counsel for the petitioners, Shri D.D.
Chauhan, learned counsel for Gaon Sabha and Shri Rajesh Kumar, learned
brief holder on behalf of the Board of Revenue.

As jointly agreed by by them, the writ petition is being disposed of finally at
the admission stage without calling a counter affidavit.

The present writ petition is directed against the interlocutory order passed by
the Board of Revenue on the stay application. Learned counsel for the
petitioners submits that the Board of Revenue while granting the stay in
favour of the petitioners in revision filed by them, was not justified in
ordering the vesting of land in the Gaon Sabha. He submits that till date the
patta granted in their favour has not been cancelled.

Learned counsel for the Gaon Sabha and the Board of Revenue submit that
instead of addressing the said controversy, it will be appropriate if the
necessary direction is issued requesting the Board of Revenue to decide the
revision itself expeditiously.

Taking into consideration the entire facts and circumstances of the case, the
writ petition is disposed of by providing that the Board of Revenue will do
good by hearing and deciding the revision within a period of six months from
the date of filing of the certified copy of this order.

Till the decision of the revision, the parties are directed to maintain status quo.

Order Date :- 6.8.2010
MK/