Allahabad High Court
INDRAVESH AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The Court directed the respondent to decide the stay application within six weeks and the revision within five months, thereby granting the petitioners' relief.
Summary
The petitioners, Indravesh and another, challenged the cancellation of a lease granted to their mother and the expungement of their names from revenue records by the Deputy District Magistrate, Tehsil Gunnaur. They argued that the cancellation was beyond the magistrate's jurisdiction and filed a revision (No. 3284 of 2026) along with a stay application, which remains pending. Fearing eviction, they sought a court direction compelling the respondent (the magistrate) to decide the stay application within a fixed period. The High Court, noting the urgency, ordered the respondent to consider and pass a decision on the stay application within six weeks of receiving a certified copy of the order, and to decide the revision itself within an additional five months. The petition was consequently disposed with the stipulated directions.
Issues considered
- Whether the Deputy District Magistrate had jurisdiction to cancel the lease and expunge the petitioners' names from revenue records.
- Whether the High Court can direct the respondent to decide the pending stay application within a specific time frame.
Subjects
- lease
- eviction
- stay application
- revision
- jurisdiction
- revenue records
- writ petition
- urgent relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 4252 of 2026
Indravesh And Another
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mahesh Kumar Dubey
Counsel for Respondent(s) : Arun Kumar Pandey, C.S.C.
Court No. - 51
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioners and learned Standing Counsel
for the State respondents.
2. The present petition has been filed seeking a direction to the
respondent no. 2 to decide the stay application filed alongwith Revision
No. 3284 of 2026, within a period as fixed by this Court.
3. It is contended by the learned counsel for the petitioners that the lease
granted in favour of mother of the petitioners has been cancelled and an
order has been passed by the Deputy District Magistrate (Judicial), Tehsil
Gunnaur, District Sambhal, expunging the name of petitioners from the
revenue records. Submission is that the entire proceeding was without
jurisdiction as there is no order by the competent authority holding the
lease granted in favour of petitioners' mother to be invalid. The said order
is under challenge in the aforesaid revision filed by the petitioners and is
pending before respondent no. 2. Till date the stay application filed
alongwith the revision has not been considered and the petitioners are
under threat of eviction, therefore, a suitable direction be issued to
respondent no. 2 to consider and pass necessary order on the stay
application, within a time frame fixed by this Court.
4. Considering the urgency in the matter and petitioners' contention that
they are under threat of their eviction, the present petition is disposed of
with a direction to the respondent no. 2 to consider and pass necessary
order on the stay application filed alongwith Revision No. 3284 of 2026,
WRIB No. 4252 of 2026
2
in accordance with law, within a period of six weeks from the date of
presentation of a certified copy of this order. If the pleadings are
exchanged and all parties have put in appearance, the respondent no. 2
shall make endeavours to decide the revision itself, within a further period
of five months thereafter.
(Arun Kumar,J.)
September 23, 2026
Ashok Kr.
Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad
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