Neutral Citation No. - 2025:AHC:107963 Court No. - 34 Case :- WRIT - C No. - 39002 of 2024 Petitioner :- Sujan Srivastava Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Naveen Kumar Srivastava Counsel for Respondent :- C.S.C.,Niladra Shekhar Singh,Rameshwar Prasad Shukla Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer; "Issue a writ, order or direction in the nature of certiorari quashing the order dated 29.9.2023 and 7.10.2023 in suit no. 3626 of 2023 computerized no. T 202315090503626 under section 67 of the U.P. Revenue Code Village Rampur pargana Dwaba District Ballia passed by Tehsildar Bairiya District Ballia." 2. On 26.11.2024 following order was passed by this Court; "1. Learned counsel for the petitioner is permitted to implead District Magistrate, Ballia as respondent no.9 in the instant petition during the course of the day. 2. Heard learned counsel for the petitioner and learned standing counsel for the State. 3.Learned counsel for the petitioner submitted that order under Section 67 of the Revenue Code 2006 has been passed by Tehsildar in arbitrary manner. He further submitted that appeal along with delay condonation application under Section 67 (5) of U. P. Revenue Code filed by the petitioner is pending before respondent no.9, District Magistrate, Ballia. He submitted that authorities are adamant to demolish the petitioner's construction in pursuance of the order of Tehsildar dated 29.09.2023/07.10.2023. 4. Considering the facts and circumstances of the case, respondent no.9, District Magistrate, Ballia is directed to register the petitioner's appeal and pass necessary order on delay condonation matter within a period of one week from the date of production of a certified copy of this order before him keeping in mind that matter is to be adjudicated on merit rather on technical ground. 5. List this matter on 05.12.2024 before appropriate Court. 6. Registrar (compliance) is also directed to communicate this order to respondent no.9, District Magistrate, Ballia within two days." 3. Today when the matter was taken up no one has appeared on behalf of petitioner to press the writ petition. 4. Learned Standing Counsel as well as learned counsel appearing for Gaon Sabha have submitted that the appeal filed under Section 67 (5) of U.P. Revenue Code, 2006 is still pending consideration. 5. In view of the above, the appellate authority is hereby directed to consider and decide the appeal filed by the petitioner, in accordance with law, after hearing all the affected parties, preferably within a period of next three months from the date of receipt of certified copy of this order. 6. Writ petition stands disposed of. Order Date :- 8.7.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad