HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6034 of 2025 Court No. - 6 HON'BLE JASPREET SINGH, J. 1. Heard Shri Mohd. Arif Khan, learned Senior Counsel alongwith Shri Akbar Ali Khan for the petitioner. Notice on behalf of the respondents no.1, 2 and 3 has been accepted by the office of the Chief Standing Counsel. 2. By means of the instant petition, the petitioner prays for the following reliefs which are reproduced hereinafter:- "(i) The opposite party no.2 may kindly be commanded to dispose off the application for stay, within the time frame fixed by this Hon'ble Court and till the disposal of the stay application, the operation and implementation of the order dated 30.08.2025 passed by the Tehsildar, in Case No.4084/2025 (Gram Sabha Kewalpur Vs. Kaseed Khan), thereby demlition of the Idgah (Mosque) may kindly be stayed. (ii) That the cost of the petition be awarded to the petitioner against the opposite parties." 3. Submission of the learned counsel for the petitioner is that the proceedings were initiated against the petitioner who happens to be merely a Pesh Imam and offering prayers and is not authorized to represent the Mosque. It is further stated that in the proceedings under section 67 of the U.P. Revenue Code 2006, notices were issued to the petitioner in his personal capacity which was contested. However, by means of order dated 30.08.2025 proceedings were Versus Counsel for Petitioner(s) : Mohammad Aslam Khan Counsel for Respondent(s) : C.S.C., Pankaj Gupta Kaseed Khan .....Petitioner(s) State Of U.P. Thru. Collector, Bahraich And Others .....Respondent(s) decided against the petitioner and not only an order of eviction was passed but a preposterous amount of Rs.6,57,85,500/- has been imposed as damages. 4. It is further urged that being aggrieved from the said order, the petitioner has already filed an appeal in terms of Section 67(5) of the Code of 2006 which is engaging the attention of the District Magistrate, Bahraich. It is urged that alongwith appeal an application for interim relief was also filed and though by means of order dated 24.09.2025 the appeal has been admitted. However, an application for interim relief has been deferred for consideration fixing 15.10.2025. 5. It is urged that in the aforesaid backdrop, the respondent authorities are attempting to take coercive action against the petitioner despite the fact that the appeal stands admitted and the application for interim relief has yet to be considered hence in the aforesaid backdrop the interim protection be granted till the application for interim relief pending before the appellate authority is considered heard and decided. 6. Shri Yogesh Awasthi, learned Standing Counsel for the State- respondents on the basis of instructions submits that no coercive action is proposed to be taken either for recovery or demolition. It has also been informed that the application shall be considered on the next date. 7. Considering the stand taken by the State authorities and communicated to the Court through the Standing Counsel, this Court, at this stage, is of the opinion that no gainful purpose will be served in keeping the petition pending rather ends of justice can be met by directing the respondent no.2 to consider and decide the pending application for interim relief of the petitioner on the next date fixed and in case if the same is not possible then within three weeks thereafter. 8. It is also made clear that no demolition or recovery shall be done till the decision on the application for interim relief or for a period of A227 No. 6034 of 2025 2 three weeks which ever is earlier. 9. It is also clarified that this interim protection may not be taken as an expression of opinion on merits as the application for interim relief is already pending before the appellate authority who shall decide the said application for interim relief as per law after affording a reasonable opportunity of hearing.. 10. With the aforesaid observation, the petition is disposed of. October 8, 2025 ank A227 No. 6034 of 2025 3 (Jaspreet Singh,J.) Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench