Allowed

Lallan Upadhyay v. State of U.P. and 3 Others

Allahabad HC1 Jul 2022WRIC/12706/2022

Case brief

AI extract

What is this about?

Inserted the auction purchaser as an additional respondent in pending tax revision and stay proceedings. Directed the revenue authority to dispose of stay and related applications within ten days and the revision within six weeks. Ordered maintenance of status quo on the property.

What did the court decide?

Directed impleadment of auction purchaser; Board of Revenue to decide stay application within 10 days; revision decided within 6 weeks; maintenance of status quo.

Lallan Upadhyay Vs State of U.P. and 3 Others — Public Procurement and Tenders | Allahabad HC (2022)

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Court No. - 33

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Case :- WRIT - C No. - 12706 of 2022

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Petitioner :- Lallan Upadhyay Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Singh Kushwaha,Mariyam Azmi,Sushil Kumar Kushwaha Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

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Hon'ble Siddharth,J.

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Order on Civil Misc. Amendment Application No. 7 of 2022

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The amendment application is allowed.

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Order on Writ Petition

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Learned counsel for the petitioner has filed amended writ petition which is taken on record.

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Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1, 2 and 4 and Sri Bhupendra Kumar Tripathi, learned counsel for the respondent no. 3.

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This writ petition was initially filed praying for direction to the Board of Revenue, at Allahabad to decide the stay application dated 25.03.2022 of the petitioner filed in Revision No. 612 of 2022, computerized case no. AL2022141800612 (Lallan Upadhyay Vs. State of U.P. and others) within some fixed period of time.

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It has been submitted by the learned counsel for the petitioner that no order could be passed in this writ petition and therefore, during the pendency of writ petition and the stay application before revisional court aforesaid, the property in dispute was attached on 11.04.2022 by the Sub-Divisional OfÏcer concerned and put to auction sale on 04.06.2022 in favour of the respondent no. 5. The stay application is still pending before the revisional court.

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The writ petition is disposed of directing the petitioner to implead the auction purchaser as a respondent in the revision pending before the Board of Revenue, Allahabad and also in the stay application. The Board of Revenue is directed to pass appropriate orders on the stay application of the petitioner and any other application which may be moved by the petitioner within a period of ten days.

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The order shall be passed on all the applications of the petitioner within a period of three weeks from the date of filing of this order and fresh application, if any, by the petitioner.

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Till then, the parties shall maintain status quo with regard to the nature, character and possession over the property in dispute.

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The revision of the applicant shall be decided within a period of six weeks.

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Order Date :- 1.7.2022 KS

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Digitally signed by KISHAN SINHA Date: 2022.07.01 19:22:04 IST Reason: Location: High Court of Judicature at Allahabad

Lallan Upadhyay v. State of U.P. and 3 Others

Case brief

What is this about?

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Lallan Upadhyay v. State of U.P. and 3 Others

Case brief

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What the court decided

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