Neutral Citation No. - 2025:AHC-LKO:41731 Court No. - 6 Case :- WRIT - C No. - 6897 of 2025 Petitioner :- Mateen Khan And 2 Others Respondent :- State Of U.P. Thru. Collector, Sitapur And 2 Others Counsel for Petitioner :- Narendra Gupta Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Narendra Gupta, learned counsel for petitioners as well as learned Standing Counsel for the State-respondents. 2. It has been submitted by learned counsel for petitioners that the petitioners had purchased a land of Gata No. 361/2 measuring area 0.4050 hectare situated in Village Nayagaon Behti, Pargana Tehsil Laharpur, District Sitapur from its recorded tenure holders, namely, Sushil Kumar, Shailendra Kumar and Jagdish Prasad through registered sale deed on 30.08.2011. Subsequent to the sale deed, the names of the petitioners have already been mutated in the revenue records. 3. It has been submitted by learned counsel for petitioners that certain land grabbers were trying to grab the said land and according persuaded the State Government for filing a suit U/S 135 of the U.P. Revenue Code, 2006 on 03.03.2025. It has been stated that notices have been issued but service has not been effected which would be evident from the perusal of the order- sheet along with the petition. 4. It has been stated that on 08.04.2025 the suit was admitted and notices were issued to the respondents on 10.06.2025 the notices had not been served on the respondents i.e. petitioners. He has submitted that in the meanwhile an undated application was moved in the said suit before the Sub-Divisional Magistrate singed by the government advocate stating that the alleged owners are trying to sale the property and on the said application the impugned order dated 26.05.2025 has been passed restraining the petitioners from alienating the said property during pendency of the said suit. 5. It has been submitted by learned counsel for the petitioner that the impugned order is illegal and arbitrary inasmuch as notices have never been served upon the petitioners which is evident from the order-sheet. Apart from it, even a copy of the application was never served upon the petitioners and no procedure had been followed by the Sub-Divisional Magistrate while allowing the said application. 6. He submits that though it was open for the respondents to pass an ad interim injunction in favour of the State but instead in the said proceedings, notices were issued to the respondents and the service report is still awaited and in the meanwhile the impugned restraining order has been passed. 7. Learned Standing Counsel on the other hand has supported the impugned order but does not dispute the aforesaid facts. 8. From the perusal of the aforesaid arguments and from the perusal of the records, it seems that the impugned order has been passed in haste on the undated application filed by government advocate. From the order, it is clear that neither the notices were issued to the petitioners on the application for interim relief nor he was afforded an opportunity of hearing and even otherwise the order-sheet clearly indicates that in the said proceedings the service on notices has not been effected on the respondents therein. 9. Accordingly, the procedure followed by respondent No. 2 is clearly illegal and arbitrary. Accordingly, it is evident impugned order has been passed in gross violation of principle of natural justice and the order dated 26.05.2025 is set aside. The undated application for interim relief is restored and the matter is remitted back for consideration afresh before respondent No. 2/Sub-Divisional Magistrate (Judicial), Laharpur, District Sitapur. 10. The petitioners prays for and are granted seven days time from today for filing his response to the said application before respondent No. 2 and on filing their response, it will be open for respondent No. 2 to consider and decide the said application with expedition, say, within a period of ten days thereafter in accordance with law. 11. With the above, observations / directions, the writ petition stands allowed. (Alok Mathur, J.) Order Date :- 22.7.2025/Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench