Neutral Citation No. - 2025:AHC:42370 Court No. - 44 Case :- WRIT - C No. - 5870 of 2025 Petitioner :- Smt. Satbiri Respondent :- State of U.P. and 3 others Counsel for Petitioner :- Narayan Dutt Shukla,Rituvendra Singh Nagvanshi Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Kshitij Shailendra,J. 1. Heard Shri R.C. Singh, learned Senior Counsel assisted by Shri Narayan Dutt Shukla, learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 to 3 and Shri Sunil Kumar Singh, learned counsel for the respondent No.4. 2. It appears from record that proceedings under Section 67 of the U.P. Revenue Code, 2006 (in short 'the Code') were initiated for dispossession of the petitioner from Gata No.135- ज measuring 3400 sq. mtrs. During pendency of the said proceedings, the petitioner filed civil suit being Original Suit No.846 of 2019 (Satbiri and another vs. State of U.P. and others) in which an order of temporary injunction was passed on 16.11.2023 directing the parties to maintain status quo in respect of property covered by Khasra Nos.135-ख, 135- ग and 135- ड to the extent indicated in the stay order. The suit is pending and interim injunction order is operative. When the petitioner filed copy of the said interim order before the revenue court, the revenue court proceeded to observe that the stay order is not obstructive in deciding the proceedings under Section 67 of the Code and, apart from directing dispossession of the petitioner, it imposed damages to the tune of Rs.10,94,800/- per year. This was done on 29.01.2025, immediately whereafter, statutory appeal under Section 67(5) of the Code was preferred before the Commissioner on 06.02.2025 alongwith stay application. The appeal as well as stay application is pending consideration. 3. Submission is that in absence of interim order passed in appeal, respondents shall coerce the petitioner pursuant to the order impugned dated 29.01.2025. Hence, this writ petition has been filed with the prayer to decide the appeal and seeking interim order against the eviction and realization of damages. 4. Learned Standing Counsel as well as Shri Sunil Kumar Singh have vehemently opposed the writ petition and submit that no interim order was passed by the appellate court and, in this scenario, when the appeal as well as stay application are pending, no relief can be granted to the petitioner but there is no dispute that the appeal may be directed to be decided expeditiously. 5. Having considered the submissions and the peculiar facts of this case where, according to Shri R.C. Singh, no demarcation exercise was carried out and there appears to be existing on the spot three- four gatas adjacent to each other and in respect of three gatas, clear order of status quo passed by the civil court is operative, coupled with the language used in sub-Section (6) of Section 67 of the Code, this Court is of the opinion that even if, an interim order is not passed by the appellate court under Section 67(5) of the Code, an order passed by the first Authority shall attain finality subject to the provisions of sub-Section (5) of Section 67 of the Code i.e. the provision of appeal. 6. Even otherwise, considering the facts of the case, in case, the effect and operation of the order dated 29.01.2025 is not stayed pending appeal, purpose of filing appeal shall stand frustrated and the ratio laid down by the Hon'ble Supreme Court in Mool Chand Yadav and others vs. Raza Buland Sugar Company Limited, Rampur and others, (1982) 3 SCC 484 would stand washed away. 7. Accordingly, the writ petition is disposed off directing the Appellate Authority to decide the pending Appeal No.405 of 2025 (Computerized Case No.D202511280000405) (Satbiri vs. Gram Sabha Bhojpur) under Section 67(5) of the Code within a period of four months from the date a true attested copy of this order is filed before him. 8. Till decision in the aforesaid appeal, the effect and operation of the order dated 29.01.2025 passed by the Tahsildar, Modinagar in Case No.01566/2021 (Computerized Case No.T202111280201566) (Gram Sabha vs. Satbiri) shall remain stayed. Order Date :- 24.3.2025 Jyotsana Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad