Neutral Citation No. - 2025:AHC-LKO:35294 Court No. - 2 Case :- WRIT - C No. - 5870 of 2025 Petitioner :- Waqf No 108 Of Distt. Bahraich Thru. C/M Of Dargah Hazrat Sayyed Mohammad Hashim Shah By Secretary Respondent :- State Of U.P. Thru.Its Secy. Deptt. Of Forest Lko And 3 Others Counsel for Petitioner :- Sayyed Farooq Ahmad,Akram Azad,Shujat Kidwai Counsel for Respondent :- C.S.C.,Farhan Habib Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard learned counsel for the petitioner, Shri Rajesh Kumar Tiwari, Additional Chief Standing Counsel for State and Shri Farhan Habib, learned counsel for the respondent no.4. 2. By means of the present petition, the petitioner has assailed the order dated 05.06.2025 passed by Divisional Forest Officer, Kataraniaghat, Bahraich in Eviction Case No. 08/2024-2025 (State Vs. Raesh Ahmad & Others). 3. Under compelling circumstances, despite of having statutory remedy available to challenge the order which is impugned herein i.e. order dated 05.06.2025 passed by the authority in exercise of power under Indian Forest Act, 1927 (in short 'Act of 1927'), the petitioner has approached this Court for the reason that immediately after passing of order dated 05.06.2025 impugned in this petition, the authorities proceeded to evict the petitioner and also started demolition on land in dispute. 4. Taking note of the aforesaid, the learned State Counsel was directed to seek instructions in the matter and date was fixed for today. 5. On the instructions received, Sri Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel stated that the demolition which was started has been stopped and it would not be carried out and also no coercive action against the petitioner would be taken for a period of four weeks. 6. Taking note of aforesaid including the statutory remedy available to the petitioner, the present petition is disposed of with liberty to the petitioner to approach the Appellate Authority in terms of Section 16(B)(4). 7. In case such an appeal along with application seeking interim protection is filed, the same shall be considered most expeditiously by the authority concerned. 8. It is provided that for a period of four weeks, no coercive action against the petitioner shall be taken. 9. It is further directed that the authority concerned shall dispose of the application seeking interim protection within a period of ten days form the date of filing of the appeal. 10. It would be apt to observe that during the pendency of appeal or revision as the case may be rights of parties should be preserved as held by the Apex Court in the case of Moolchand Yadav & Another v. Raza Buland Sugar Co. Ltd., Rampur and others, reported in (1982) 3 SCC 484 as also that the authority who can pass the final order can also pass interim order as held by the Division Bench of this Court in the case of Vinod Kumar Bhalotia vs. State of U.P., reported in 2000 (18) LCD 532. 11. Before parting, it would also be appropriate to refer paras 94.9 to 97 of the judgment passed in the case of Directions in the Matter of Demolition of Structures, In re, (2025) 5 SCC 1 : 2024 SCC OnLine SC 3291. "C. Final order 94.9. Upon hearing, the designated authority shall pass a final order. 94.10. The final order shall contain: (a) The contentions of the noticee, and if the designated authority disagrees with the same, the reasons thereof. (b) As to whether the unauthorised construction is compoundable, if it is not so, the reasons therefor. (c) If the designated authority finds that only part of the construction is unauthorised/non-compoundable, then the details thereof. d) As to why the extreme step of demolition is the only option available and other options like compounding and demolishing only part of the property are not available. D. An opportunity of appellate and judicial scrutiny of the final order 94.11. We further direct that if the statute provides for an appellate opportunity and time for filing the same, or even if it does not so, the order will not be implemented for a period of 15 days from the date of receipt thereof. The order shall also be displayed on the digital portal as stated above. 94.12. An opportunity should be given to the owner/occupier to remove the unauthorised construction or demolish the same within a period of 15 days. Only after the period of 15 days from the date of receipt of the notice has expired and the owner/occupier has not removed/demolished the unauthorised construction, and if the same is not stayed by any appellate authority or a court, the authority concerned shall take steps to demolish the same. It is only such construction which is found to be unauthorised and not compoundable shall be demolished. 94.13. Before demolition, a detailed inspection report shall be prepared by the authority concerned signed by two panchas. E. Proceedings of demolition 94.14. The proceedings of demolition shall be videographed, and the authority concerned shall prepare a demolition report giving the list of police officials and civil personnel that participated in the demolition process. Video recording to be duly preserved. 94.15. The said demolition report should be forwarded to the Municipal Commissioner by email and shall also be displayed on the digital portal. 95. Needless to state that the authorities hereinafter shall strictly comply with the aforesaid directions issued by us. 96. It will also be informed that violation of any of the directions would lead to initiation of contempt proceedings in addition to the prosecution. 97. The officials should also be informed that if the demolition is found to be in violation of the orders of this Court, the officer/officers concerned will be held responsible for restitution of the demolished property at his/their personal cost in addition to payment of damages." Order Date :- 10.6.2025 Abhishek/Mohit- Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench