Neutral Citation No. - 2025:AHC:74950 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 4861 of 2025 (Leading Application) Applicant :- Ramchandra Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh,Rupa,Thakur Prasad Dubey Counsel for Opposite Party :- G.A. with Case :- APPLICATION U/S 528 BNSS No. - 4124 of 2025 (Connected Application) Applicant :- Dev Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh,Rupa Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Ms. Rupa, learned counsel for the applicants and Sri S.P. Singh, learned State Law Officer for the State. 2. The facts of the leading application are that a complaint stood lodged by the opposite party no. 2 under Section 05, 26, 41/42 of the Forest Act relatable to extravacating minerals/ sands notified area earmarked as forest. Learned counsel for the applicants submits that the Court of Civil Judge (Junior Division), Sonbhadra proceeded to summon the applicants. Thereafter on NBW had been issued. 3. As regards, the connected application is concerned, a complaint was lodged by the opposite party no. 2, under Section 5/26 and 41/21 of the Indian Forest Act , 1972 with the same allegations as which are in the leading application, the applicants have been summoned under the said provisions, NBW had been issued. 4. The learned counsel for the applicants submits that as per the instructions of the client, applicants confined their relief to the extent that protection be accorded in the meantime, the applicants shall prefer a recall application for recalling of the NBW. 5. Learned AGA submits that he has no objection in that regard, however, his anxiety that the proceedings be given a logical conclusion at the end. 6. Considering the submissions of the rival parties as well as stand by the counsel for the applicants, the applications stand disposed of directing the applicants to submit a recall application for recalling of the NBW order in accordance with law post surrendering and obtaining bail and the court below shall decide the same with most expedition within a period of one month. 7. The said motion shall be put to service by the applicants by 30.05.2025. 8. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 8.5.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad