Neutral Citation No. - 2025:AHC:14440 Court No. - 50 Case :- WRIT - C No. - 2675 of 2025 Petitioner :- Munni Lal Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Kuldeep Singh,Pankaj Kumar Gupta,Prashant Kumar Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Kuldeep Singh, learned counsel for the petitioner, Mr. Dinesh Kumar Tiwari, learned Standing Counsel for the State respondents and Mr. Azad Rai, learned counsel for respondent- Gaon Sabha. 2. The instant petition has been filed for the following reliefs:- "(i) A writ, order or direction in the nature of certiorari quashing the impugned order dated 14.12.2024 passed by Assistant Collector/ Tehsildar, Tehsil Handia, District Prayagraj, respondent no.3 in case No 1617 of 2016, computerized case No. T20160203041617 (Gaon Sabha Vs. Munni Lal) under Section 67 of U.P. Revenue Code, 2006. (ii) A writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the peaceful possession of petitioner over land in dispute as alleged plot No. 427 area 0.1940 hectrare situated at Village Biyour, Pargana Kewai, Tehsil Handia, District Prayagraj during pendency of appeal bearing appeal No. nil of 2025 (Munni Lal Vs. Gaon Sabha) under Section 67 (5) of U.P. Revenue Code, 2006." 3. Counsel for the petitioner submitted that order for ejectment and damages has been passed by Tehsildar against the petitioner on 14.12.2024 in ex-parte and arbitrary manner. He further submitted that petitioner has filed an appeal on 3.1.2025 under Section 67 (5) of the U.P. Revenue Code, 2006 before the Collector against the order dated 14.12.2024 within limitation as provided under the U.P. Revenue Code, 2006. He submitted that authorities are adamant to enforce the order for ejectment and damages dated 14.12.2024, as such, appropriate direction be issued for expeditious disposal of appeal under Section 67 (5) of the U.P. Revenue Code, 2006 filed by petitioner and till the disposal of appeal, interim protection be granted in favour of petitioner in respect to the plot in question. 4. Mr. Dinesh Kumar Tiwari, learned Standing Counsel for the State respondents and learned counsel for respondent- Gaon Sabha submitted that no interference is required as the appeal filed by petitioner is pending for consideration before the Collector, Prayagraj. 5. I have considered the arguments advanced by learned counsel for the parties and perused the records. 6. There is no dispute about the fact that within limitation, appeal filed under Section 67 (5) of U.P. Revenue Code, 2006 against the order for ejectment and damages dated 14.12.2024 is pending before respondent no.2/ Collector Prayagraj. 7. This Court in the case reported in 2007 (102) RD 498, Ali Sher Vs. State of U.P. Through Collector, Bijnor and Others has held that if order under appeal/ revision has serious civil consequences, then interim protection be granted during pendency of appeal/ revision. Paragraph Nos.4 & 5 of the judgment is relevant which is as follows: "4. It is well settled that once an appeal or revision is entertained by a higher Court against an order having civil consequences stay normally should be granted to avoid swinging pendulum unless the Court for the reasons to be recorded finds that there is no case for grant of stay as observed by the Hon'ble Apex Court in the case of Mool Chand v. Raza Buland Sugar Industries." 5. Considering the facts and circumstances, impugned order dated 16.11.2006 is hereby quashed. Writ petition stands allowed. Appellate Court is directed to disposal of the appeal of petitioner in accordance with law as expeditiously as possible preferably within a period of two months from the date of production of certified copy of this order before him and till the disposal of appeal as directed above, parties shall maintain status quo with regard to nature and possession over the land in dispute." 8. In the instant matter, the appeal along with prayer for interim relief has been filed within limitation before Collector on 3.1.2025, as such, pending appeal should be decided by Collector in proper manner considering the ratio of law laid down by this Court reported in 2023 (1) ADJ 154 Rishi Pal Singh Vs. State of U.P. and Others. 9. Considering the entire facts and circumstances of the case as well as the ratio of law laid down by this Court in Ali Sher (Supra), the instant petition is finally disposed of directing the respondent no.2/ Collector Prayagraj to register the petitioner's appeal and decide the same considering the ratio of law laid down by this Court reported in 2023 (1) ADJ 154 Rishi Pal Singh Vs. State of U.P. and Others after affording opportunity of hearing to the parties expeditiously preferably within period of three months from the date of production of certified copy of this order. It is further directed that till the disposal of aforementioned appeal by respondent no.2/ Collector Prayagraj, the effect and operation of the order dated 14.12.2024 passed by respondent no.3, Tehsildar Tehsil Handia, District Prayagraj shall remain stayed. Order Date :- 31.1.2025/ Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad