Allahabad High Court
BIRBAL PRASADversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The Board of Revenue is directed to hear and decide the admission of the second appeal and the accompanying stay application within six weeks of the order.
Summary
The petitioner, Birbal Prasad, filed a writ petition seeking a direction to the Uttar Pradesh Board of Revenue, Prayagraj, to decide a stay application filed along with Second Appeal No. AL20260520003051 within a fixed time. The petitioner alleged that after multiple listings of the appeal on 16‑July‑2026, 22‑July‑2026 and 24‑August‑2026, no hearing date was fixed for the stay application and the appeal remained pending, causing urgency as the respondents were constructing on the disputed land. The Court examined the delay and the need for speedy adjudication of the stay application. It directed the Board of Revenue to hear and pass orders on the admission of the second appeal, after giving parties a hearing, within six weeks of the certified copy of the order. If the appeal is admitted, the stay application shall be considered simultaneously. The petition was disposed with the said direction.
Issues considered
- Whether the Board of Revenue should be directed to decide the stay application filed with the second appeal within a specific time frame.
Subjects
- writ petition
- stay application
- second appeal
- Board of Revenue
- delay in hearing
- direction
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 4368 of 2026
Birbal Prasad
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Damodar Kumar Tiwari, Dhiraj Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 51
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
for the respondents State.
2. The present writ petition has been filed for a direction to the Board of
Revenue, U.P. at Prayagraj, the respondent no.2, to decide the stay
application filed by the petitioner alongwith Second Appeal No.
AL20260520003051, pending before it, within a time frame as fixed by
this Court.
3. It is contended by learned counsel for the petitioner that after filing of
the second appeal, the matter was listed on 16.7.2026, when the
respondent no.2 granting last opportunity to the caveator counsel and
adjourned the matter. However, no date was fixed. The second appeal was
again listed on 22.7.2026 and 24.8.2026. However, the stay application
filed by the petitioner alongwith second appeal was not considered. It is
contended by learned counsel for the petitioner that after 24.8.2026, no
date has been fixed for hearing on admission of the second appeal.
Learned counsel for the petitioner states that he had filed an application
on 24.8.2026 for early hearing of the stay application but no order has
been passed till date. It has been further contended that the contesting
respondents in the said second appeal are raising constructions over the
land in dispute, therefore, consideration of the stay application is urgent.
4. In view of the aforesaid facts and circumstances, this writ petition
stands disposed of with a direction upon the respondent no.2 to hear and
WRIB No. 4368 of 2026
2
pass necessary orders on the admission of the second appeal, as noticed
above, in accordance with law, after affording opportunity of hearing to
the parties concerned, within a period of six weeks from the date of
presentation of certified copy of this order. If the respondent no.2 finds
the second appeal fit for being admitted, the stay application filed
alongwith second appeal shall be considered, simultaneously.
(Arun Kumar,J.)
September 30, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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