Neutral Citation No. - 2025:AHC-LKO:34584 Court No. - 5 Case :- WRIT - B No. - 515 of 2025 Petitioner :- Ajay Pal Respondent :- State Of U.P. Thru. Prin. Secy. (Revenue ) Lko. And 3 Others Counsel for Petitioner :- Pankaj Gupta Counsel for Respondent :- C.S.C. Hon'ble Manjive Shukla,J. 1. Heard Sri Pankaj Gupta, learned counsel appearing for the petitioner and Sri Badrish Tripathi, learned Standing Counsel appearing for Respondents No. 1 and 2. 2. In view of the order proposed, notice to Respondents No.3 and 4 is dispensed with. 3. The instant writ petition under Article 226 of the Constitution of India has been filed challenging therein, the order dated 21.4.2025 passed by the Settlement Officer Consolidation, Hardoi in Appeal No.774 of 2025 (Ajay Pal Vs. Smt. Kamla and others). 4. It has been contended on behalf of the petitioner that the application for interim relief, filed by the petitioner along with his appeal, had been rejected by the Settlement Officer Consolidation, Hardoi vide order dated 21.4.2025, on the ground that since the record of the court below has not been summoned and parties have not been heard therefore, the application does not deserve to be heard. 5. Learned counsel appearing for the petitioner has argued that in fact, vide order dated 21.4.2025, the Settlement Officer Consolidation, Hardoi has rejected the application for interim relief filed by the petitioner along with his appeal. 6. On the other hand, Sri Badrish Tripathi, learned Standing Counsel appearing for Respondents No.1 and 2 has argued that the order dated 21.4.2025 does not reflect that the application for interim relief filed by the petitioner has been rejected. He further submits that even if it is assumed that any application has been rejected, it is always open for the petitioner to file a fresh application for interim relief and that application may be considered and decided by the Settlement Officer Consolidation, Hardoi. 7. I have considered the arguments advanced by the learned counsels appearing for the parties and it appears that the Settlement Officer Consolidation, Hardoi, while passing the impugned order dated 21.4.2025, had made an observation that since the record of the court has not been summoned and parties have not been heard therefore, it is not a proper stage for hearing and deciding the application for interim relief filed along with the appeal. However, even if it is assumed that the application for interim relief filed by the petitioner along with his appeal has been rejected, it is always open for the petitioner to file a fresh application and if any such fresh application is filed, the Settlement Officer Consolidation, Hardoi is under obligation to consider and decide that application. 8. In view of the aforesaid reasons, this writ petition is disposed with liberty to the petitioner to file a fresh application for interim relief in his Appeal No.774 (Ajay Pal Vs. Smt. Kamla and others), within one week from today. If any such application is filed, the Settlement Officer Consolidation, Hardoi is hereby directed to consider and decide the said application within next three weeks. Order Date :- 4.6.2025 Salim Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad, Lucknow Bench