Gulamhussain Vs Board of Revenue, U.P., Lucknow Thru. Chairman and Others — Allahabad HC (2025) — LawSathi Research

Gulamhussain Vs Board of Revenue, U.P., Lucknow Thru. Chairman and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; petition disposed of with the observation that the petitioner may move the court concerned for vacation of the interim order dated 01.08.2024, to be decided in accordance with law, and that the pending review shall be considered and decided by the court concerned on merits.

Issue for consideration

Whether this Court should entertain the writ petition assailing the interim order dated 01.08.2024 passed by the Board of Revenue (larger Bench, Lucknow) while entertaining the State's review, when the issue of territorial jurisdiction has been left open to be raised before the court concerned.

Ratio / Principle

Since only an interim order has been passed in the pending review and the issue of territorial jurisdiction is open to be raised before the court concerned, this Court declines to entertain the writ petition at this stage; the petitioner may instead file an appropriate application before the court concerned seeking vacation of the interim order, and such application shall be decided in accordance with law.

Key takeaways

The Court has not examined the case of either party on merits; since the review is already pending, it shall be considered and decided by the court concerned.ratio¶12

Detailed headnote1 paragraphs

Writ petition under WRIT - B (Allahabad High Court, Lucknow Bench, Jaspreet Singh, J.) disposed of against challenge to an order dated 01.08.2024 of a larger Bench of the Board of Revenue, U.P., Lucknow, whereby an interim order was passed while entertaining a State-filed review (matter earlier shifted from Prayagraj to Lucknow owing to apprehensions against the Presiding Officer), with hearing fixed for 18.09.2024 and territorial jurisdiction left open. Holding that only an interim order had been passed and that the territorial-jurisdiction issue remained raisable before the court concerned, the High Court declined to entertain the petition at that stage, directing the petitioner to seek vacation of the interim order by appropriate application before the court concerned; merits were expressly left unexamined, the pending review to be considered and decided by the court concerned.

Neutral Citation No. - 2025:AHC-LKO:7097

Court No. - 8

Case :- WRIT - B No. - 834 of 2024

Petitioner :- Gulamhussain Respondent :- Board Of Revenue, U.P., Lucknow Thru. Chairman And Others Counsel for Petitioner :- Pradeep Kumar Tiwari,Suraj Singh Counsel for Respondent :- C.S.C.,Pankaj Gupta

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner and learned Standing counsel for the State respondent.

By means of the instant petition, the petitioner assails the order dated 01.08.2024 whereby entertaining a review filed at the behest of the State an interim order has been granted fixing the matter for hearing on 18.09.2024.

The record indicates that a coordinate Bench of this Court by means of the order dated 20.08.2024 had granted time to the learned Standing counsel to seek instructions in so far as the issue of territorial jurisdiction is concerned.

Learned Standing counsel has provided a copy of the written instructions dated 11.09.2024 and from a perusal thereof it indicates that certain proceedings were decided by the Board of Revenue at Prayagraj. Subsequently, a review petition was filed by the State Authorities, however, there were certain apprehensions against the Presiding Officer and considering the aforesaid the Registrar of the Board of Revenue transferred the matter from Prayagraj to Lucknow and place it before a larger Bench who by means of the order dated 01.08.2024 issued notices to the respondents in a review and also passed an interim order leaving the issue of territorial jurisdiction opened to be raised before the court concerned, this Court is not inclined to entertain the petition at this stage only an interim order has been passed it would be in the fitness of things if the petitioner files an appropriate application seeking vacation of the interim order before the court concerned and needless to say that in case if such an application is moved the court concerned would decide the same in accordance with law.

With the aforesaid observation, the petition is disposed of.

It is made clear that the court has not examined the case of

either of the parties on merits and since the review is already pending the same shall be considered and decided by the court concerned.

Order Date :- 4.2.2025 Harshita

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