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2025 DAILYLAW 150087 (ALL)

ARJUN SINGH v. ADDITIONAL COMMISSIONER (JUDICIAL) AYODHYA DIVISION, AYODHYA AND 8 OTHERS

WRIC/6460/2025 · 2025-07-10

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39537 Court No. - 6 Case :- WRIT - C No. - 6460 of 2025 Petitioner :- Arjun Singh Respondent :- Additional Commissioner (Judicial) Ayodhya Division, Ayodhya And 8 Others Counsel for Petitioner :- Ajay Kumar Pandey Counsel for Respondent :- C.S.C.,Adarsh Singh,Mohan Singh,Vinay Kumar Tiwari Hon'ble Alok Mathur,J. 1. Heard Shri Ajay Kumar Pandey, learned counsel for the petitioner. Learned Standing counsel on behalf of opposite party No. 1 and 2 and Sri Govind Kumar Chaurasiya holding brief of Shri Mohan Singh on behalf of opposite party No.3. 2. The petitioner has approached this court being aggrieved by the order dated 27.06.2025 passed by opposite party No.1- Additional Commissioner (Judicial), Ayodhya Division, Ayodhya in Appeal No. 1583/2025, Computerized Case No. C202504000001583, under Section 24(4) of U.P. Revenue Code, 2006, Arjun Singh Vs. Vishwanath Singh and others, whereby he has vacated the stay order passed in favour of the petitioner dated 16.06.2025 and posted the matter for 04.07.2025 for hearing the appellant on the application for interim relief. 3. It has been submitted that on the appeal preferred by the petitioner, an interim order dated 16.06.2005 was passed, but subsequently the appellate court was informed that the private respondent had filed an Caveat, which was not endorsed on the copy of the petition and consequently an ex-parte interim order was passed in favor of the petitioner. The appellate court finding that facts stated in the recall application were correct and he had not been given the opportunity of hearing prior to the passing of the interim order dated 16.06.2025 proceeded to vacate the stay and fixed the next date for hearing both parties on the application for interim relief and now the case is listed for 16.07.2025. 4. In the aforesaid circumstances, we do not find any error in the order dated 27.06.2025, but on the other hand, once the opposite parties have put in appearance, then the application for interim relief filed by the petitioner ought to be decided again expeditiously. This court is informed that the next date fixed in this matter is 16.07.2025. 5. Accordingly, Opposite party No.1- Additional Commissioner (Judicial), Ayodhya Division, Ayodhya is directed to decide the application for interim relief preferred by the petitioner/appellant in Appeal No. 1583/2025, Computerized Case No. C202504000001583, under Section 24(4) of U.P. Revenue Code, 2006, Arjun Singh Vs. Vishwanath Singh and others on the next date and in case for some unavoidable circumstances, the application cannot be decided on the next date fixed, the same shall be decided on any date within 10 days thereafter, in accordance with the law. 6. The parties before this Court have undertaken to cooperate in the proceedings before the Commissioner and shall appear before him on the date fixed, so that the application for interim relief preferred by the petitioner can be decided. 7. Learned counsel for the private respondent has assured this Court that status quo, with regard to the disputed land shall be maintained till the decision is taken on the application of interim relief in Appeal No. 1583/2025, Computerized Case No. C202504000001583, under Section 24(4) of U.P. Revenue Code, 2006, Arjun Singh Vs. Vishwanath Singh and others. 8. With the aforesaid observations/directions, the petition is disposed of. (Alok Mathur,J.) Order Date :- 10.7.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench