Neutral Citation No. - 2025:AHC:53083 Court No. - 35 Case :- WRIT - C No. - 2449 of 2025 Petitioner :- Mahboob And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Yusuf Ali Counsel for Respondent :- C.S.C.,Sher Bahadur Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the records. 2. This writ petition has been filed for the following reliefs: "i) to issue a writ, order or direction in the nature of certiorari to quash the impugned notices dated 26.12.2024 issued by the respondent no. 5 to the petitioners (Annexure No. 1 to this writ petition). ii) to issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent concern not to adopt any illegal proceeding of demolition of the premises of the petitioners." 3. Brief facts of the case are that three separate proceedings being Case No. 9180 of 2024, 9197 of 2024 and 9200 of 2024 were initiated against the petitioners. By order dated 05.11.2024, the illegal encroachments made by the petitioners were directed to be removed and damages were also imposed. Against the order dated 05.11.2024, the petitioners preferred separate appeals. The aforesaid appeals were allowed by judgment and order dated 27.12.2024 by the appellate court and the order dated 05.11.2024 was set aside and the matter was remitted back to the Tehsildar to decide the proceedings afresh. In the meantime, a notice was issued on 26.12.2024, which is impugned in the writ petition directing the petitioners to remove their constructions within seven days in compliance of order of demolition passed on 05.11.2024. 4. Learned counsel for the petitioners submitted that despite their appeals being allowed and the order dated 05.11.2024 being set aside, the respondents are threatening to remove the constructions of the petitioners in the garb of impugned notice dated 26.12.2024. 5. Learned Standing Counsel submitted that there was nothing wrong in issuing notice on 26.12.2024 and as on the date of issuance of notice dated 26.12.2024, the order dated 05.11.2024 was not set aside and it was on 27.12.2024 when the appeals filed by the petitioners were allowed and the order dated 05.11.2024 was set aside and the matter has been remitted back to the Tehsildar to decide afresh. 6. In view of the subsequent fact that the appeals filed by the petitioners have been allowed by order dated 27.12.2024, let the petitioners may inform about this fact to respondent No. 5 about the orders passed by the appellate court. 7. Since the appellate court has directed for a decision afresh, no demolition can take place in pursuance of the notice dated 26.12.2024. Respondents are directed not to demolish the constructions of the petitioners until the proceedings under Section 67 of the U.P. Revenue Code are finalized after the remand. 8. With these observations the writ petition stands disposed of. Order Date :- 10.4.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad