Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:23847 Court No. - 34 Case :- WRIT - C No. - 3847 of 2025 Petitioner :- Heera Lal Respondent :- State Of U.P. And 26 Others Counsel for Petitioner :- Yatindra Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. The writ petition has been filed for the following relief:-
"(i) Issue a writ, order or direction in the nature of mandamus restraining the contesting respondent nos.-5 to 8 from raising any construction and changing the nature of the Gatas Nos.- 223Ka, 223Kha and 600 maintained over Khata No.-306 of the Village-Paintha, Tehsil- Goverdhan, District-Mathura, which are the subject matter of the preliminary order dated 20/12/2018 passed in Case No. 01133 of 2018 (Computerized Case No.T201801500601133) (Heera Lal Vs. Lachchho and Others), under Section 116 of the U.P. Revenue Code, 2006 and pending Case No. SA/3446/2023/Mathura (Computerized Case No. AL20230150003446) (Vedram and Others Vs. Additional Commissioner, Agra and Others), under Section 208 of the U.P. Revenue Code, 2006 before the learned Board of Revenue, U.P. at Prayagraj."
3. Admittedly, a second appeal is pending arising out of proceedings under Section 116 of the U.P. Revenue Code, 2006. The allegation in the writ petition is that the private respondents are alienating and changing the nature of the property.
4. Learned Standing Counsel submitted that the proper remedy for the petitioner is to move an appropriate application before the appellate court where the second appeal is pending.
5. In case, such an application for injunction is moved by the petitioner before the appellate court, the same shall be considered and decided, expeditiously, preferably within a period of eight weeks after hearing all the parties concerned.
6. Accordingly, the writ petition is disposed of. Order Date :- 19.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad