Neutral Citation No. - 2025:AHC-LKO:24818 Court No. - 7 Case :- WRIT - C No. - 3990 of 2025 Petitioner :- Shitla Prasad @ Shitla Prasad Mishra Respondent :- Apar Ayukt Nayayik 4th, Ayodhya Mandal, Ayodhya And Others Counsel for Petitioner :- Prabhakar Nath Mishra Counsel for Respondent :- C.S.C.,Abhinav Mishra,Ganga Prasad Mishra,Mohan Singh Hon'ble Saurabh Lavania,J. 1. In terms of order dated 28.04.2025, Shri Rajendra Prasad, Tripathi, Apar Ayukt Nayayik 4th, Ayodhya Mandal, Ayodhya is present before this Court along with his personal affidavit, which is taken on record. 2. Counter affidavit filed by Shri Ganga Prasad Mishra, learned counsel for the respondent no. 4 to 6 is also taken on record. 3. Heard learned counsel for the petitioner, Shri Badrish Kumar Tripathi, learned Additional Chief Standing Counsel for State and Shri Ganga Prasad Mishra, learned counsel for the respondent no. 4 to 6. 4. The instant petition has been preferred for the following main relief:- "issue, a writ, order in the nature of Certiorari to quash the impugned order date 15.01.2025 passed by Apar Ayukt (Nayayik) 4th Ayodhya Mandal- Ayodhya is bearing appeal no. 71/2024 and Computerized Case No. C202404000000071 (Pradhuman Kumar Mishra others. Vs. Shitla Prasad & others) U/s 207 U.P. Revenue Code 2006. Which is contained as annexure no.1 to this writ petition." 5. By the impugned order dated 15.01.2025, the Apar Ayukt Nayayik 4th, Ayodhya Mandal, Ayodhya extended the interim order which was prayed for in the application dated 29.11.2024 preferred by a private- opposite parties, who are appellants in the Appeal No. 71 of 2024, Computerized Case No. C202404000000071 (Pradhuman Kumar Mishra others. Vs. Shitla Prasad & others). 6. Considered the submissions advanced by learned counsel for the parties also perused the records including the contents of present petition as also the averments made in the counter affidavit filed today and the personal affidavit of Shri Rajendra Prasad Tripathi, Apar Ayukt Nayayik 4th, Ayodhya Mandal, Ayodhya. 7. Brief facts of the case are as under :- A) The appeal in which the order impugned dated 15.01.2025 was passed was fixed for 29.11.2024. B) On 29.11.2024, the Advocates were abstaining from work and an application for extension of interim order was preferred on behalf of the appellants but without extending the interim order, the appeal was fixed for 07.04.2025. The same is evident from order dated 29.11.2024, annexed as Annexure No.7 to the present petition, which reads as under :- " अधधवककगण नयकययक ककयर सस यवरत हह । सथगन बढकयस जकनस हसतत प०पत दकधखल यकयक गयक । जज ससलग हह । पतकवलल वकसतस बहस यदनकसक 07.04.25 कज पसश हज ।" C) After 29.11.2024, the petitioner preferred an application praying therein to implement the order under appeal dated 26.12.2023 passed in Case No. C-202104710102011, a case for partitions of holdings instituted under Section 116 of U.P. Revenue Code, 2006. D) Thereafter, the private-opposite parties approached this Court by means of WRIT - C No. 191 of 2025 (Pradyuman Kumar Mishra And 2 Others Vs. Addl. Commissioner Judicial, Second Ayodhya Division, Ayodhya And Others). This petition was dismissed after considering the statement of the State Counsel which was based upon the instructions received according to which the interim order was extended on 15.01.2025. The order dated 15.01.2025 reads as under :- "Heard learned counsel for the petitioners as well as the learned Standing Counsel for the State-respondents. The petitioner had approached this Court with the grievance that earlier an interim order was granted which was to be extended from time to time, however, despite the application being given, the same was not extended. The Court had required the learned Standing Counsel to seek instructions and as per the written instructions filed under the signatures of the Additional Commissioner (Judicial) dated 17.01.2025, a copy of the order dated 15.01.2025 passed in Appeal No. 71 of 2024 (Pradyumn Kumar Mishra and others Vs. Shitla Prasad and Others) has been placed before the Court in terms whereof the interim order granted earlier has been extended till the conclusion of the arguments in appeal. In light of the orders which has been placed along with the written instructions, no further orders are required to be passed in the instant petition. Accordingly, the present petition is dismissed." E) From persual of the impugned order dated 15.01.2025, the counter affidavit and the personal affidavit it is evident that the date fixed i.e. 15.01.2025, on which date interim order was passed, was neither informed to the petitioner nor he was heard nor any order for preponement of the date was passed by respondent no. 1. 8. In view of the facts aforesaid, this Court is of the view that indulgence of this Court is required. 9. Accordingly, the petition is allowed. The order impugned dated 15.01.2025 (Annexure No.1) is set aside/quashed. 10. The matter is remanded back to the respondent no. 1 to pass appropriate order after providing opportunity of hearing to the parties. 11. It is open for the respondent no. 1 to decide the case on the next date fixed itself. 12. For the purposes of decision of the case, it is further provided that he shall not grant any adjournment to the either of the parties. Order Date :- 30.4.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench