HARSH KUMAR Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri Manish, learned Counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Tariq Maqbool Khan, learned Counsel for the Gaon Sabha. This writ petition has been filed for issuing a writ of certiorari quashing the order dated 5.2.2014 to the extent by which the petitioner's application for interim protection has been rejected.

(2.) Learned Counsel for the petitioner contends that second appeal was filed against the judgment and decree dated 28.11.2011 passed by the Additional Deputy Collector Padrauna in Suit No. 290/219 (Shanti v. Harsh Kumar and others) and judgment and decree dated 8.8.2012 passed by the Additional Commissioner Gorakhpur Division Gorakhpur in Appeal No. 7/20/K (Harsh Kumar Pandey v. Smt. Shanti Devi and others).

(3.) It is contended that the petitioner is a tenure holder and the suit filed by the respondents has wrongly been decreed and the appeal filed by the petitioner has been dismissed without there being any application of mind. In his submissions, the learned Member Board of Revenue without assigning any reason has rejected the petitioner's stay application and in case, the interim order is not granted, the petitioner shall suffer irreparable loss and injury.