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Allahabad High Court

SMT. MAINAWATIversusBOARD OF REVENUE UP AND 5 OTHERS

Decided

Holding

The court directed the Board of Revenue to decide the admission of the second appeal and the interim application within three months, without addressing the merits of the case.

Summary

The petitioner, Smt. Mainawati, filed a writ petition seeking a mandamus directing the Board of Revenue to decide a stay application filed in Second Appeal No. 4589 of 2025 and to maintain the status quo over the disputed property. The Board of Revenue had admitted the second appeal on 27 October 2025 but, instead of passing any orders, merely fixed dates in the margin and failed to progress the matter. The petitioner alleged undue delay and urged the court to compel the Board to decide both the admission of the appeal and the interim relief expeditiously. The court, without examining the merits of the underlying dispute, ordered the Board of Revenue to act within three months of the certified copy of the order, directing it to pass appropriate orders on the admission of the second appeal and the interim application. The petition was consequently disposed with the directive for prompt action.

Issues considered

  • Whether the Board of Revenue's failure to decide the stay application and admit the second appeal within a reasonable time warrants issuance of a mandamus.
  • Whether the court can direct the Board of Revenue to maintain status quo over the property during the pendency of the stay application.

Subjects

  • writ
  • mandamus
  • Board of Revenue
  • second appeal
  • stay application
  • status quo
  • expeditious disposal

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - B No. - 3966 of 2026

Smt. Mainawati
                                                            .....Petitioner(s)
                                   Versus

Board Of Revenue Up And 5 Others
                                                          .....Respondent(s)

Counsel for Petitioner(s)       : Ram Lakhan Kashyap,            Shivanshu
                                  Kashyap
Counsel for Respondent(s)       : Achal Singh, C.S.C.

Court No. - 34

(SN.26) (Transfer from Court No. 51)

                 HON'BLE ANISH KUMAR GUPTA, J.

1. Heard Sri Ram Lakhan Kashyap, learned counsel for the petitioner and
Sri Achal Singh, learned counsel for respondent no. 4, Gaon Sabha, and
Sri Raj Kumar Tiwari, learned Standing Counsel for the State.

2. The instant petition has been filed with the following prayers:

     "I) Issue a writ order or direction in the nature of mandamus
     directing to the respondent No.1 to decide the stay application
     filed in Second Appeal No. 4589 of 2025 "Smt. Mainawati Vs.
     Additional Commissioner (2nd)" within stipulated period fixed
     by this Hon'ble Court, which is pending before it.


     II) Issue a writ order or direction in the nature of mandamus
     directing to the respondents maintain status quo property in
     question, during the pendency of aforesaid stay application in
     the appeal."

3. Learned counsel for the petitioner submits that the petitioner has filed
the Second Appeal before the Board of Revenue on 27.10.2025 with
regard to the admission of the Second Appeal, the matter was heard on
27.10.2025, however, the Board of Revenue in its discretion, thought it
appropriate to issue notice to the respondents before admitting the Second
Appeal and passing any interim order.
                                                                                              WRIB No. 3966 of 2026
                                                                    2


                                    4. The grievance of learned counsel for the petitioner is that since
                                    thereafter, the matter is not being taken up by the Board of Revenue and
                                    only the dates were fixed in the margin without passing any orders.

                                    5. In such view of the matter, learned counsel for the petitioner submits
                                    that the Second Appeal may be heard on admission as well as the prayer
                                    for interim relief may also be decided by the Board of Revenue as
                                    expeditiously as possible within a time bound manner.

                                    6. In such view of the matter, without adverting to the merits of the case
                                    of the petitioner the instant petition is disposed of with the direction to the
                                    respondent no.1, Board of Revenue, to proceed in the matter as
                                    expeditiously as possible and pass an appropriate order on the admission
                                    of the Second Appeal as well as on the interim application submitted by
                                    the petitioner within a period of three months from the date of production
                                    of certified copy of this order and shall also proceed to decide the Second
                                    Appeal as expeditiously as possible.



                                                                                       (Anish Kumar Gupta,J.)
                                    September 9, 2026
                                    Shubham Arya




Digitally signed by :-
SHUBHAM ARYA
High Court of Judicature at Allahabad


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