Court No. - 80

Case :- WRIT - B No. - 1069 of 2020

Petitioner :- Deen Dayal And 3 Others

Respondent :- Board Of Revenue And 6 Others

Counsel for Petitioner :- Nitin Chandra Mishra

Counsel for Respondent :- C.S.C.,Sunil Kumar Singh

Hon'ble Ajay Bhanot,J.

Heard Sri Arvind Prabodh Dubey, learned counsel holding brief

of Sri Nitin Chandra Mishra, learned counsel for the petitioners,

learned Standing Counsel for the respondents No.1 and 2 and

Sri Sunil Kumar Singh, learned counsel for the respondent

No.3-Gaon Sabha.

The following prayer is made in the instant writ petition:

"To issue a writ, order or direction in the nature of mandamus directing the

respondent No.1 to decide the interim application pending in the Second

Appeal No.3131 of 2019 (Deen Dayal Vs. Umesh Narayan Shahi) within

stipulated period and further direct the parties concern to maintain status

quo till the disposal of the interim application pending before the

respondent No.1."

Sri Arvind Prabodh Dubey, learned counsel holding brief of Sri

Nitin Chandra Mishra, learned counsel for the petitioners

contends that the application for interim relief was filed along

with memo of appeal in the Second Appeal No.3131 of 2019

(Deen Dayal Vs. Umesh Narayan Shahi) has not been decided

till date. In absence of the interim protection the private

respondents are threatening to alter the status of the property in

dispute and the possession thereon.

I see merit in the submission of Sri Arvind Prabodh Dubey,

learned counsel holding brief of Sri Nitin Chandra Mishra,

learned counsel for the petitioners that the remedy of appeal is a

substantive right flowing from the statute. In case the nature of

property is altered or alienated, the remedy of appeal would

become illusory. There is no justification for not deciding the

application for interim relief.

In view of the submissions made at the bar, no useful purpose

would be served by keeping this writ petition pending.

The matter is remitted to the respondent No.1-learned appellate

court/Board of Revenue, Uttar Pradesh at Allahabad. A writ in

the nature of mandamus is issued to the respondent No.1-

learned appellate court/Board of Revenue, Uttar Pradesh at

Allahabad, to execute the following directions:

I. The respondent No.1-learned appellate court/Board of

Revenue, Uttar Pradesh at Allahabad shall decide the interim

application pending in the Second Appeal No.3131 of 2019

(Deen Dayal Vs. Umesh Narayan Shahi), expeditiously,

preferably, within a period of six months from the date of

production of a computer generated copy of this order,

downloaded from the official website of the High Court

Allahabad. The computer generated copy of such order shall be

self attested by the counsel of the party concerned and the

Authority/Official shall verify the authenticity of such

computerized copy of the order from the official website of

High Court Allahabad and shall make a declaration of such

verification in writing.

II. While deciding the application for interim relief, all parties

arrayed in the cause title before the respondent No.1-learned

appellate court/Board of Revenue, Uttar Pradesh at Allahabad

shall be heard.

III. All parties are directed to cooperate with the proceedings to

ensure that they are concluded within the above stipulated time

period.

IV. During the pendency of the stay application, the respondent

No.1-learned appellate court/Board of Revenue, Uttar Pradesh

at Allahabad shall ensure that no prejudice is caused to either

parties till the decision of the aforesaid application.

With the aforesaid directions, the writ petition is finally

disposed of.

Order Date :- 24.9.2020

Ashish Tripathi