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Neutral Citation No. - 2025:AHC:75213 Court No. - 35 Case :- WRIT - C No. - 43102 of 2024 Petitioner :- Ramadhar Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Damodar Singh,Jag Bhan Singh Gautam,Ram Kishun Misra Counsel for Respondent :- C.S.C.,Devesh Kumar Verma,Suresh Chandra Verma Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed for following relief:
"I. to issue a writ, order or direction in the nature of mandamus and to direct the respondents to maintain status quo on the land in question i.e. Gata No.2238 situated in the village-Shahabajpur, Bidhuna, Tahsil-Bidhuna, District-Auraiya, during the pendency of the aforesaid Appeal No./Case No. 2190/2022 (computerized No. C202203000002190) Mansingh and others vs. Ramadhar and others under section 207 of U.P. Revenue Code, 2006 before the respondent no.2 and not to interfere in any manner whatsoever in the Gata No.2238 situated in the village--Shahabajpur, Bidhuna, Tahsil-Bidhuna, District-Auraiya, except in accordance with law."
3. By order impugned dated 28.03.2022, an interim order has been granted in an appeal filed by the respondents by the appellate court. The order has been passed on 28.03.2022 and the writ petition has been filed in December, 2024 without their being any explanation for laches as to why the petitioner has not approached this Court earlier. The counsel for the petitioner submitted that now the respondents are interfering with the possession of the petitioner and therefore, he has filed the writ petition.
4. Learned Standing Counsel has submitted that in case, the respondents are interfering with the possession of the petitioner and the appeal is pending, he may move an application for interim relief in the pending appeal.
5. Accordingly, the writ petition is disposed of with liberty to the petitioner to move an application for interim relief within two weeks from today and in case such an application is moved, the appellate court shall consider and decide the same within six
weeks thereafter, after providing opportunity of hearing to all the parties concerned, provided there is no other legal impediment. Order Date :- 8.5.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad