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2025 DAILYLAW 153937 (ALL)

OM PRAKASH v. ADDL. COMMISSIONER ADMINSTRATION, AYODHYA DIVISION, AYODHYA AND 3 OTHERS

A227/4399/2025 · 2025-07-25

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42964 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 4399 of 2025 Petitioner :- Om Prakash Respondent :- Addl. Commissioner Adminstration, Ayodhya Division, Ayodhya And 3 Others Counsel for Petitioner :- Awadhesh Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Awadhesh Kr. Mishra, learned counsel for petitioner as well as learned Standing Counsel for the State. 2. In light of the proposed order, notices to private respondents are dispensed with. 3. It has been submitted by learned counsel for petitioner that a partition suit was filed by the petitioner U/S 176 of U.P. Z.A. & L.R. Act before the Sub-divisional Officer (Judicial), Tehsil Jalalpur, District Ambedkar Nagar which was decided on 14.05.2025 against the petitioner. The petitioner being aggrieved by the order dated 14.05.2025 had preferred an appeal before Additional Commissioner (Administration, Ayodhya Division, Ayodhya which was heard on 02.07.2025 and an interim order was passed in favour of the petitioner and also trial court record was summoned and the matter was directed to be listed on 04.07.2025. 4. On 04.07.2025, the respondents appeared and even a stay extension application was given by the petitioner but the stay was not extended and the next date was fixed as 11.07.2025. In the meanwhile, it has been submitted that the private respondents have commenced construction on the disputed land merely on account of the fact that interim order was not extended. 5. Learned counsel for petitioner in the aforesaid circumstances has prayed that a direction be issued to respondent No. 1 to either extend the mariner order or to decide his application for interim relief which has been filed along with appeal. 6. Learned Standing Counsel does not object to the innacuous prayer made by learned counsel for petitioner. 7. Accordingly, considering the fact that an interim order was granted in favour of the petitioner on 02.07.2025 and it seems that on appearance of respondents the stay was not extended on 04.07.2025, however it was open for the appellate authority to have either extended the interim order granted once or to have finally decided the application for interim relief. 8. In light of the above, the writ petition is disposed of with a direction to Additional Commissioner (Administration), Ayodhya Division, Ayodhya that on the next date of listing, consider the application for interim relief in accordance with law and in case there is any legal impediment due to which the same cannot be decided, let the same be decided within a maximum period of four weeks thereafter. It shall also be open for the respondent No. 1 to consider grant of ad interim relief in case the case is so made out by the petitioner in accordance with law. (Alok Mathur, J.) Order Date :- 25.7.2025/Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench