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2025 DAILYLAW 129039 (ALL)

SURESH KUMAR GUPTA AND 7 OTHERS v. STATE OF U.P. THRU. COLLECTOR AYODHYA AND 15 OTHERS

WRIC/2696/2025 · 2025-03-19

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15894 Court No. - 7 Case :- WRIT - C No. - 2696 of 2025 Petitioner :- Suresh Kumar Gupta And 7 Others Respondent :- State Of U.P. Thru. Collector Ayodhya And 15 Others Counsel for Petitioner :- Raghaw Ram Upadhyay,Ajay Pratap Singh Counsel for Respondent :- C.S.C.,Ravi Singh Hon'ble Saurabh Lavania,J. Heard learned Counsel for the petitioners, Sri Upendra Singh, learned Additional Chief Standing Counsel and Sri Ravi Singh, learned Counsel for opposite party no.5/Nagar Nigam Ayodhya. In view of the fact that private opposite party nos. 6 to 17 are the revisionists in the revision registered as Revision/Case No. 1367 of 2022, computerized case no. C202204000001367 (Suresh Kumar Gupta and Others Versus State of U.P. and Others) filed under Section 210 of U.P. Revenue Code, 2006 (in short 'Code of 2006'), in which the impugned order dated 03.05.2024 admitting the appeal and rejecting the application seeking interim protection was passed by the Additional Commissioner (Administration), Ayodhya Mandal, Ayodhya, the notice to private opposite parties nos. 6 to 17 is hereby dispensed with. The present petition has been filed for the following main reliefs:- "(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 3.5.2024 passed by the opposite party No. 2 to the extent so far it relates to rejection of the stay application filed by the petitioners in Revision/Case No. 1367 of 2022 (Computerized No. C202204000001367) "Suresh Kumar Gupta & others Versus state of U.P. & others", as contained in Annexure No. 1 to this writ petition. (ii) issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party No. 3 to 5 not to implement the exparte judgment and order dated 15.6.2022 passed by the opposite party No. 3 till disposal of the revision pending before the opposite party No. 2." Considering the facts, as brought to the notice of this Court, including that over the land in issue i.e. Gata No. 69/5 situated at Meerapur (Derabiwi), Pargana- Haveli Awadh, Tehsil-Sadar, District-Faizabad/Ayodhya, the house of the petitioners and other revisionists have been constructed after proper sanction of map by the Ayodhya-Faizabad Development Authority and also the Resolution of Ayodhya-Faizabad Development Authority dated 24.02.2010 (annexed as Annexure No. 16 to the instant petition), this Court finds that the order of the appellate authority dated 03.05.2024, so far as it relates to rejection of application seeking interim protection is unreasoned, though, the reasons for the same are required. Accordingly, the petition is allowed and the order dated 03.05.2024, to the extent it rejects the application seeking interim protection in relation to the order dated 15.06.2022, is hereby quashed. The matter is remanded back to the revisional authority to pass afresh order after giving proper opportunity of hearing to the parties to the litigation concerned, within a period of two weeks from the date of production of certified copy of this order. For a period of two weeks, no coercive action shall be taken against the persons, who are revisionists and in possession of the land in issue. The petitioners, for the purposes of disposal of the application and the revisionists shall not seek any adjournment in the matter. Order Date :- 19.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench