Allahabad High Court
WRIB/4368/2026 of BIRBAL PRASAD Vs STATE OF U.P. AND 4 OTHERS on 29 September 2026
JUDICATURE AT ALLAHABAD WRIT - B No. - 4368 of 2026 Court No. - 51 HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents State. 2. The present writ petition has been filed for a direction to the Board of Revenue, U.P. at Prayagraj,
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 4368 of 2026
Court No. - 51
HON'BLE ARUN KUMAR, J.
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1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents State.
2. The present writ petition has been filed for a direction to the Board of Revenue, U.P. at Prayagraj, the respondent no.2, to decide the stay application filed by the petitioner alongwith Second Appeal No. AL20260520003051, pending before it, within a time frame as fixed by this Court.
3. It is contended by learned counsel for the petitioner that after filing of the second appeal, the matter was listed on 16.7.2026, when the respondent no.2 granting last opportunity to the caveator counsel and adjourned the matter. However, no date was fixed. The second appeal was again listed on 22.7.2026 and 24.8.2026. However, the stay application filed by the petitioner alongwith second appeal was not considered. It is contended by learned counsel for the petitioner that after 24.8.2026, no date has been fixed for hearing on admission of the second appeal. Learned counsel for the petitioner states that he had filed an application on 24.8.2026 for early hearing of the stay application but no order has been passed till date. It has been further contended that the contesting respondents in the said second appeal are raising constructions over the land in dispute, therefore, consideration of the stay application is urgent.
4. In view of the aforesaid facts and circumstances, this writ petition stands disposed of with a direction upon the respondent no.2 to hear and Versus Counsel for Petitioner(s) : Damodar Kumar Tiwari, Dhiraj Singh Counsel for Respondent(s) : C.S.C. Birbal Prasad .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
pass necessary orders on the admission of the second appeal, as noticed above, in accordance with law, after affording opportunity of hearing to the parties concerned, within a period of six weeks from the date of presentation of certified copy of this order. If the respondent no.2 finds the second appeal fit for being admitted, the stay application filed alongwith second appeal shall be considered, simultaneously. September 30, 2026 Anil WRIB No. 4368 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad