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2025 DAILYLAW 162550 (ALL)

ANWAR ALI v. STATE OF U.P. THRU. PRIN. SECY. (REVENUE DEPTT.), LKO. AND OTHERS

WRIC/8647/2025 · 2025-09-11

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8647 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Pankaj Kumar Singh, learned counsel for the petitioner as well as learned Standing Counsel for respondent nos. 1 to 3 and Sri Pankaj Gupta, learned counsel appearing for respondent no. 4. 2. By means of present writ petition the petitioner has challenged the order dated 07.12.2024, passed by the Additional Commissioner (Administration), Devi Patan Division, Bahraich in proceedings instituted by the petitioner under Section 207 of the U.P. Revenue Code, 2006 wherein the application for interim relief preferred by the petitioner has been disposed of at that stage, holding that final decree has not been prepared and therefore there would be no justification in passing interim order in favour of petitioner. 3. The petitioner in the appeal had challenged the final order dated 19.11.2024, while the impugned order was passed on 07.12.2024 and nearly nine months have lapsed since passing of the impugned order. The petitioner has not stated in the present writ petition as to whether final decree has been prepared and whether he as filed same before the appellate Court, but we do not find any infirmity in the order dated 07.12.2024, by not considering the application for interim relief in absence of decree pased in the suit proceedings which have been assailed by the petitioner. 4. At this stage learned counsel for the petitioner submits that grievance Versus Counsel for Petitioner(s) : Pankaj Kumar Singh Counsel for Respondent(s) : C.S.C., Pankaj Gupta Anwar Ali .....Petitioner(s) State Of U.P. Thru. Prin. Secy. (Revenue Deptt.), Lko. And Others .....Respondent(s) of petitioner shall be substantially redressed in case appellate authority is directed to consider the application for interim relief preferred by the petitioner. 5. Learned counsel for the respondents do not oppose the the aforesaid prayer made by learned counsel for the petitioner. 6. Accordingly, present writ petition is disposed of with direction to the petitioner to file a copy of the decree, if not already filed and placed on record in appeal proceedings, within two weeks from today. 7. The Additional Commissioner (Administration), Devi Patan Division, Bahraich shall proceed to consider and decide the application for interim relief with expedition, say within two weeks thereafter, in accordance with law after giving opportunity of hearing to all the parties concerned. 8. With aforesaid directions present writ petition stands disposed of. September 11, 2025 A. Verma WRIC No. 8647 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench