Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34194 of 2025 Court No. - 6 HON'BLE PRAKASH PADIA, J.
1. Heard Sri Subodh Pandey, learned counsel for the petitioner, learned Standing Counsel for the respondent-State and perused the records. 2. The petitioner has preferred present writ petition inter-alia with the following prayers :-
"i. To Issue a writ, order or direction in the nature of Mandamus directing the respondents to decide the restoration application/stay application dated 22.11.2024. ii. To Issue a writ, order or direction in the nature of Mandamus directing the respondent not to make interference in the possession of the petitioner. iii. To Issue a writ, order or direction in the nature of Mandamus directing the respondent authority not to create third party interest in the property in dispute, during the pendency of the restoration application/stay application"
3. It is argued by counsel for the petitioner that against the ex-parte order dated 28.04.2023 recall application dated 22.11.2024 was filed by the petitioner before the respondent no.3 namely Additional District Magistrate (Finance & Revenue) Maharajganj/Prescribed Authority (Ceiling) District Maharajganj. Along-with the said application an application for grant of interim relief was also filed since no decision was taken in the matter hence present writ petition. 4. On the other hand it is argued by learned Standing Counsel that the necessary orders will be passed expeditiously. Versus Counsel for Petitioner(s) : Subodh Pandey Counsel for Respondent(s) : C.S.C. Sharda Devi .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
5. With the consent of learned counsel for the parties, present writ petition is being disposed of at the admission stage itself. 6. In this view of the matter, since the recall application filed by the petitioner is pending before the respondent no.3 for last about more than 10 months, respondent no.3 is directed to pass appropriate orders on the said recall application expeditiously. 7. At this point of time, a prayer has been made by counsel for the petitioner to grant some interim protection in favour of petitioner as has been granted by this Court in Writ C No.26281 of 2025 (Phoolpari Devi and another Vs. State of U.P. and 4 others) decided on 13.08.2025. 8.
In this view of the matter and also in the interest of justice, petitioner is permitted to move a fresh application for grant of interim protection before the respondent no.3-Additional District Magistrate (Finance & Revenue) Maharajganj/Prescribed Authority (Ceiling) District Maharajganj before whom the restoration application is pending
consideration. If such an application is filed within three weeks from today along-with certified copy of this order, the respondent no.3 is
directed to pass appropriate orders on the aforesaid application within next four weeks.
9. For a period of two months or till the time decision is taken on the application filed by the petitioner, whichever is earlier no coercive action be taken against the petitioner.
10. With the aforesaid observation, present writ petition is disposed of. September 25, 2025 Pramod Tripathi WRIC No. 34194 of 2025 2 (Prakash Padia,J.) Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad