Neutral Citation No. - 2025:AHC:40384 Court No. - 35 Case :- WRIT - C No. - 38727 of 2024 Petitioner :- Momin Ansar Social And Educational Society Respondent :- State Of Up And 20 Others Counsel for Petitioner :- Adya Prasad Tewari Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant petition has been filed for the following relilef: "(i) issue nature a writ, order or direction in the nature of mandamus commanding the 2nd respondent, Additional Commissioner (Administration), Prayagraj Division, Prayagraj to process and decide the delay condonation application dated 04.11.2024 in Appeal No.2472 of 2024, Momin Ansar Social and Educational Society Vs. Hem Kumari as early as possible on the next date fixed i.e. 21.11.2024 and after deciding delay condonation application, the stay application dated 04.11.2024 moved by petitioner in Appeal No.2472 of 2024, Momin Ansar Social and Educational Society Vs. Hem Kumari, may be decided forthwith, by a reasoned and speaking order in order to protect the property of the petitioner over the land in question on 21.11.2024 itself and till the disposal of the aforesaid delay condonation application and stay application the respondent no.5 be restrained from dismantling Godown and boundary wall of the petitioner existing over plot no.107 situate at Village: Chhitupur, Pargana: Arail, Tehsil: Karchhana, District: Prayagraj and respondent no.5 be also restrained from raising any construction over the portion of plot no.107. 3. On 29.11.2024, the following order was passed: "1. Learned counsel for the petitioner has submitted that an appeal has been filed in the court of Commissioner, Allahabad which is pending at present in the court of Additional Commissioner (Administration) being appeal no. 2472 of 2024. The appeal was filed on 04.11.2024. Learned counsel for the petitioner has invited the attention of the Court to the order sheet which is annexed at page no. 75 which only mentions four dates i.e. 06.11.2024, 11.11.2024, 13.11.2024 & 21.11.2024. There is no order in the order sheet which has been passed by the Additional Commissioner. 2. Let personal affidavit of respondent no. 2 be filed before this Court within two weeks explaining how the judicial proceedings are being conducted by the Additional Commissioner who happens to be an appellate revenue court under the provisions of U.P. Revenue Code, 2006. 3. List this matter on 16.12.2024 as fresh." 4. In compliance of the order dated 29.11.2024 a personal affidavit of Sri Pushp Raj Singh, Addl. Commissioner (Adminnistation), has been filed wherein the stand has been taken that the petitioner has annexed the photocopy of the order-sheet which is incorrect which is seriously denied by the leaned counsel for the petitioner by filing a counter affidavit. 5. From perusal of the order-sheet annexed along with the personal affidavit, it is apparent that the order-sheet has been filled later on but without going into this controversy, I direct the Commissioner, Prayagraj to transfer the matter from the present incumbent before whom this appeal is pending either before himself or before other Addl. Commissioner. 6. The present petition stands disposed of with a direction to the respondent- Authority before whom the case is transferred to consider and decide the stay application in accordance with law, expeditiously, preferably within a period of four weeks from the date of production of a certified copy of this order after ensuring service upon all the respondents and after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. It is expected that the appeal itself may be decided within a period of four months, thereafter. Order Date :- 20.3.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad