WRIB/1101/2025 of RAJENDRA AND OTHERS Vs STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND OTHERS on 18 November 2025

1. In light of the proposed order, notice to private respondents id dispensed with.

2. It has been submitted by learned counsel for the petitioner that the petitioner had filed a suit under Section 229 B of U.P.Z.A. & L.R. Act with regard to the land of gata No.s 131/6-11-0, 147/1-0-15, 149/0-0-15, 1312/1-5-10 and 1315/0-7-8 situated in Village- Shivri, Pargana Kakori, Tehsil Sarojini Nagar, District- Lucknow which was dismissed on 8.11.2023. Against the said order the petitioner had filed appeal before Additional Commissioner (Administration), Lucknow and an interim order was also passed on 16.12.2023 while admitting the said appeal the private respondents had filed a revision before the Board of Revenue against the interim order date 16.12.2023 and the revision has been allowed and the order dated 16.12.2023 has been set aside directing the appellate authority to pass a fresh order on the application of the petitioner in accordance with law and further directed the appellate court to decide the appeal within a period of four months. The said order was passed on 13.10.2025.

3. Versus Counsel for Petitioner(s) : Ram Prakash Verma Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Rajendra And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others .....Respondent(s)

Petitioner has challenged order dated 13.10.2025 and submits that interim protection should again be restored and the appellate court should be directed to decide the appeal within next two months.

4. It is noticed that while allowing the revision the Board of Revenue has set aside the interim protection granted in favour of the petitioner by means of order dated 16.12.2023 only on account of the fact that adequate reasons were not stated nor existed in passing the order for interim injunction in favour of the petitioner while, on the other hand, they kept it open for the appellate authority to pass fresh interim order in accordance with law.

5. We further find that suitable direction have also been issued for deciding the appeal within next four months. Accordingly, the prayer made by the petitioner before this Court can be granted by the appellate court itself as per the direction of the Board of Revenue. We do not find any ground for interference or any illegality in the impugned order passed by Board of Revenue on 13.10.2025. The petitioner has opportunity to press the application for interim relief afresh before the appellate court itself and order shall be passed in accordance with law after hearing all the parties. We further find that no ground for interfering in the appellate proceedings is made out in as much the Board of Revenue itself has directed that the appeal be decided within four months.

6. Subject to aforesaid directions, we do not find any ground for interference in exercise of the powers under Article 226/227 of the Constitution of India. The petition is devoid of merits and is accordingly dismissed.

7. November 18, 2025 RKM. WRIB No. 1101 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench