Amit and 4 Others vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Amit and 4 Others vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued: Board of Revenue, Prayagraj to hear the second appeal on 15.1.2026 (next date fixed) on the ground of maintainability with both parties present through counsel; respondent no.4 barred from granting any adjournment and to pass order even in absence of the petitioner's counsel; writ listed fresh on 22.1.2026 with parties to produce the Board of Revenue's order; copy of the order to be sent to the Board within 24 hours. No extension of stay was granted by this order.

Issue for consideration

Whether the stay in the second appeal pending before the Board of Revenue, lastly extended on 4.8.2015 upto 15.9.2015 and not extended after restoration of the appeal, should now be extended. +1 more

Ratio / Principle

Board of Revenue, Prayagraj is directed to hear the petitioners' second appeal on the next date fixed, i.e. 15.1.2026, on the ground of maintainability, and both parties are directed to ensure their presence through counsel.

Key takeaways

Respondent no.4 shall not grant any adjournment and shall proceed to pass order even in absence of counsel for the petitioner.ratio¶¶19
The writ case is to be put up as fresh on 22.1.2026, and on the next date fixed learned counsel for the parties are directed to produce the order passed by the Board of Revenue, Prayagraj.ratio¶¶20
Registrar (Compliance) is directed to send a copy of the order to respondent no.4, Board of Revenue, Prayagraj for necessary compliance within 24 hours.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Neeraj Tiwari, J.), Writ - B No. 5239 of 2025, Amit and 4 others v. State of U.P. and 3 others, decided 17 December 2025: Petitioners sought extension of stay in a Second Appeal pending before the Board of Revenue, Prayagraj arising from an order dated 4.4.2011. The appeal, filed by the petitioners' father and uncle (since deceased), stood restored vide order dated 17.11.2025, but stay, lastly extended on 4.8.2015 upto 15.9.2015, was not renewed. Respondents contended that the interim order dated 10.7.2012 was granted without framing a question of law, that a prior writ (Writ-B No. 2318 of 2014, allowed 4.7.2024) had already directed decision of the appeal on merits within three months, and that the appeal was dismissed for want of prosecution on 5.5.2025 when counsel did not appear. The Court directed the Board of Revenue to hear the appeal on 15.1.2026 on the ground of maintainability, barred grant of any adjournment, permitted the Board to pass order even in absence of the petitioners' counsel, and listed the writ as fresh on 22.1.2026 requiring production of the Board's order; Registrar (Compliance) to transmit the order within 24 hours.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - B No. - 5239 of 2025

Amit And 4 Others

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s) : Vishnu Swaroop Srivastava
Counsel for Respondent(s) : C.S.C., Shyam Mani Shukla

Court No. - 1

HON'BLE NEERAJ TIWARI, J.

Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri M.C. Chaturvedi, learned Additional Advocate General/Senior Advocate assisted by Shyam Mani Shukla, learned counsel for the respondent no.3.

Learned counsel for the petitioners submitted that being aggrieved with the order dated 4.4.2011, father and uncle of petitioners have preferred Second Appeal in which date of 13.9.2012 has been fixed for admission and status quo has been till the next date of listing. He next submitted that stay is extended from time to time and lastly stay was extended on 4.8.2015 upto 15.9.2015 and thereafter, stay has not been extended. During the pendency of appeal, appellants died and ultimately petitioner has filed restoration application, which was allowed vide order dated 17.11.2025, but stay was not extended, therefore, court may please to extend the stay.

Per Contra, Sri M.C. Chaturvedi, learned Additional Advocate General/Senior Advocate assisted by Shyam Mani Shukla, learned counsel for the respondent no.3 informed that while entertaining the appeal without framing the question of law, interim order dated 10.7.2012 has been granted, which is bad in law. That interim order was not extended after 15.9.2015. Not only this petitioner has approached this Court by filing Writ-B No. 2318 of 2014, which was allowed vide order dated 4.7.2024 directing the Board of Revenue to decide the second appeal on merits preferably within a period of three months from the date

WRIB No. 5239 of 2025

2

of service of certified copy of the order of this Court. Thereafter, second appeal was dismissed for want of prosecution as counsel for the appellant was not appeared on 5.5.2025. Even in the impugned order, there is observation of Board of Revenue that instead of arguing the appeal on admission, appellant is pressing his prayer for extension of stay.

At this stage, learned counsel for the petitioners informed that 15.1.2026 is the next date fixed before the Board of Revenue and he would appear before the Court to argue the appeal on merits.

Under such facts and circumstances, Board of Revenue, Prayagraj is directed to hear the appeal of petitioner on the next date fixed i.e. 15.1.2026 on the ground of maintainability. Both the parties are directed to ensure their presence through counsel.

It is made clear that respondent no.4 shall not grant any adjournment and shall proceed to pass order even in absence of counsel for the petitioner.

Put up this case as fresh on 22.1.2026.

Registrar (Compliance) is directed to send the copy of this order to respondent no.4 Board of Revenue, Prayagraj for necessary compliance within 24 hours.

On the next date fixed, learned counsel for the parties are directed to produce the order passed by the Board of Revenue, Prayagraj.

(Neeraj Tiwari,J.)

December 17, 2025

Junaid

Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad