HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35987 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioner and Sri Sandeep Kumar Singh, Additional Chief Standing Counsel for the respondents No.1 to 6. 2. By means of the present writ petition, the petitioner has approached this Court challenging the order dated 11.08.2025 passed by the respondent No.3-Commissioner, Basti Division, Basti whereby the stay application of the petitioner in Appeal No.C202517000000935 has been rejected on the ground that the petitioner has failed to make out any case for grant of the interim order. 3. Learned counsel for the petitioner submits that once the appeal of the petitioner has been admitted by the Appellate Authority, the Appellate Authority should have granted the protection in the interest of justice inasmuch as if the recovery is initiated against the petitioner, the petitioner shall suffer irreparable loss. It is submitted that the Appellate Authority after having been satisfied that the petitioner has made out prima facie case, has admitted the appeal and in such view of the fact, the rejection of the interim application is not sustainable in law. 4. Sri Sandeep Kumar Singh, Additional Chief Standing Counsel submits that there is no illegality in the order passed by the District Magistrate, Basti as it is evident that no prima facie case has been made out by the petitioner for grant of the interim order. Accordingly, he submits that the Commissioner, Basti Division, Basti has erred in law in rejecting the stay application of the petitioner. Versus Counsel for Petitioner(s) : Ashok Kumar Singh, J.P. Singh Counsel for Respondent(s) : C.S.C. Ram Kumar .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) 5. Be that as it may, it is not in dispute that the Commissioner, Basti Division, Basti has admitted the Appeal No.C202517000000935 of the petitioner. Once the appeal of the petitioner has been admitted by the Commissioner, Basti Division, Basti and the legality of the order passed by the District Magistrate, Basti is to be seen, therefore, in such view of the fact, we are of the opinion that the protection should have been granted to the petitioner. Accordingly, we are of the view that the petitioner is entitled to protection during the pendency of the appeal. 6. Accordingly, we dispose off the writ petition directing the Appellate Authority to decide the Appeal No.C202517000000935 of the petitioner expeditiously preferably within a period of four months from today. However, subject to deposit of Rs.10 lakhs within a period of one month from today with the respondent No.4, no recovery proceeding shall be initiated against the petitioner pursuant to the order passed by the District Magistrate, Basti. 7. In case the petitioner does not comply with the aforesaid condition, the protection granted to the petitioner by this Court shall automatically be vacated. October 15, 2025 SS WRIC No. 35987 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad