Talukdei Vs Board of Revenue,U.P., Lko. Thru… — Writ and Judicial Review | Allahabad HC (2025)

Talukdei Vs Board of Revenue,U.P., Lko. Thru… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to opposite party no.1 (Board of Revenue, U.P., Lucknow) to consider the petitioner's prayer in the interim relief application dated 17.09.2024 in Revision No.1504/2024 as per law, protect the petitioner's interest by an ex-parte order if required, and dispose of the application most expeditiously, preferably within one month from the next date fixed, without unnecessary adjournment; issuance of notice to private respondents dispensed with.

Issue for consideration

Whether a direction should issue to opposite party no.1 (Board of Revenue, U.P., Lucknow) to consider and decide the petitioner's interim relief application dated 17.09.2024 in Revision No.1504/2024 (Talukdei v. Tehsildar, Sirauligauspur and others) within a stipulated period.

Court's answer

The petition was disposed of with a direction to opposite party no.1/Board of Revenue, U.P., Lucknow to consider the prayer of the petitioner made in the interim relief application, as per law.

Ratio / Principle

If required, the authority is to protect the interest of the petitioner by an ex-parte order while dealing with the application.

Key takeaways

The application is to be decided most expeditiously after affording full opportunity of hearing to the parties, without granting unnecessary adjournments, preferably within one month from the next date fixed before the authority, if possible and if there is no other legal impediment.ratio¶¶9
The Court expressly clarified that it has not examined the case of either party on merits, and the authority concerned remains free to decide the matter strictly in accordance with law.ratio¶¶10

Detailed headnote1 paragraphs

Article 227 petition (Talukdei v. Board of Revenue, U.P.) seeking a direction to opposite party no.1 to decide the petitioner's interim relief application dated 17.09.2024 in Revision No.1504/2024 (Talukdei v. Tehsildar, Sirauligauspur and others): Notice on private respondents dispensed with; petition disposed of with direction to the Board of Revenue, U.P., Lucknow to consider the prayer as per law and, if required, protect the petitioner's interest by an ex-parte order, deciding the application most expeditiously, preferably within one month from the next date fixed, after full hearing and without unnecessary adjournment. The Court did not examine the merits and left the authority free to decide strictly in accordance with law.

Neutral Citation No. - 2025:AHC-LKO:17900

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 1744 of 2025 Petitioner :- Talukdei Respondent :- Board Of Revenue,U.P., Lko. Thru. Chairman And Others Counsel for Petitioner :- Virendra Kumar Shukla,Shyam Pratap Singh Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Lavania,J.

Heard.

In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.

The present petition has been filed for the following main reliefs:-

"a. issue order or direction to the opposite party no.1 to consider and decide the interim relief application dated 17.09.2024 in Revision No.1504/2024, Talukdei V/s Tehsildar, Sirauligauspur and others within stipulated period, as contained as Annexure No.1 to this petition, as fixed by this Hon'ble court, in the interest of justice."

Considering the facts of the case as also that till date no interim protection has been given to the petitioner and on account of the same, the petitioner is suffering great hardship and mental agony, the petition is disposed of with direction to opposite party no.1/Board of Revenue, U.P., Lucknow, to consider the prayer of the petitioner made in the application in issue, as per law and if required, then protect the interest of the petitioner by an ex-parte order and dispose of the application of the petitioner, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment, preferably within a period of one month from the next date fixed before it, if possible and if there is no other legal impediment in this regard.

It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.

With the aforesaid, the petition is disposed of.

Order Date :- 1.4.2025 Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench