Satyendra Kumar Vs Board of Revenue Thru. Chairman, Lko., U.P. and 11 Others — Allahabad HC (2025) — LawSathi Research

Satyendra Kumar Vs Board of Revenue Thru. Chairman, Lko., U.P. and 11 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the authority/concerned Member of the Board to conclude the pending proceedings, including disposal of the substitution application dated 23.08.2020, within a maximum period of six months, if there is no other legal impediment.

Issue for consideration

Whether the Board of Revenue should be directed to decide the substitution application dated 23.08.2020 and the pending Review Application no. 3527 (outstanding for about 15 years) within a stipulated time.

Court's answer

Petition disposed of with a direction to the authority/concerned Member of the Board to conclude the proceedings, including disposal of the substitution application, within a maximum period of six months, if there is no other legal impediment.

Ratio / Principle

The Court has not examined the case of either party on merits; the Authority concerned shall be free to decide the matter strictly in accordance with law.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Saurabh Lavania, J.), Matters under Article 227 No. 2220 of 2025, Neutral Citation 2025:AHC-LKO:22278, Order Date 21.4.2025. Petitioner Satyendra Kumar sought a direction commanding the Board of Revenue (respondent no. 1) to decide the substitution application dated 23.08.2020 and the Review Application no. 3527 Year 2009-10 (Computerized Case NO. R201016650042691, Premshanker Lal and others V/S Vijay shaker and others, U/S 220 U.P.L.R Act 1901), filed on 13.07.2010 by the petitioner's father and pending for about 15 years before the Board of Revenue, Lucknow. The underlying proceedings, instituted under Section 33/39 of U.P. Land Revenue Act, 1901 (summary in nature), had been concluded vide order dated 22.07.2010 passed by Member (Judicial), Board of Revenue, Lucknow. The Court disposed of the petition with a direction to the authority/concerned Member of the Board to conclude the proceedings, including disposal of the substitution application, within a maximum period of six months, if there is no other legal impediment, clarifying that it had not examined the case of either party on merits and the Authority shall decide strictly in accordance with law. Issuance of notice to the private-opposite parties was dispensed with.

Neutral Citation No. - 2025:AHC-LKO:22278

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 2220 of 2025 Petitioner :- Satyendra Kumar Respondent :- Board Of Revenue Thru. Chairman, Lko., U.P. And 11 Others Counsel for Petitioner :- Ankit Singh Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Lavania,J.

Heard Shri Sanjay Kumar, holding brief of Shri Ankit Singh, learned counsel for the petitioner, Shri Hemant Kumar Pandey, learned Standing Counsel for the State/opposite party No.1 and perused the record.

In view of order proposed to be passed, issuance of notice to the private-opposite parties is hereby dispensed with.

The instant petition has been preferred seeking following main relief:-

"(1). To issue order or direction thereby commanding and directing the respondent no. 1 to decide the substitution application dated 23.08.2020 in review application and also to direct to decide the Review application filed by the father of the petitioner Review Application no. 3527 Year 2009-10 District Sant Ravidas Nagar Computerized Case NO. R201016650042691 Premshanker Lal and others V/S Vijay shaker and others U/S 220 U.P.L.R Act 1901 pending before Board of Revenue, Lucknow."

Taking note of the entire facts of the case, particularly that present case relates to proceedings instituted under Section 33/39 of U.P. Land Revenue Act, 1901, which are summary in nature, and the matter was concluded vide order dated 22.07.2010 passed by Member (Judicial), Board of Revenue, Lucknow as also the fact that on 13.07.2010 the review application in issue i.e. Review Application No.3527L.R. 200910 was filed and the same is pending for a period of about 15 years, the present petition is disposed of with a direction to the authority/concerned Member of the Board to concluded the proceedings, which includes the disposal of the substitution application, within a maximum period of six months, if there is no other legal impediment.

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 :- 21.4.2025/ML

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench