Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31981 Court No. - 34 Case :- WRIT - C No. - 6403 of 2025 Petitioner :- Kedar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh,Sriram Dhar Dubey Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :-
"Issue a writ order or direction in the Nature of Interim Mandamus, directing or commanding to the Additional Commissioner Administration Second, Mandal- Gorakhpur (respondent 2) to decide stay extension application dated 13.01.2025 in case no. 226 of 2024 computerized no. C202405000000226 (Kedar Others Vs Dhrunarayan Others) within stipulated period or as this Hon,ble court deemed fit and proper for the sake of Justice. ii. Issue a writ order or direction in the Nature of Interim Mandamus, directing or commanding to the Additional Commissioner Administration Second, Mandal- Gorakhpur (Respondent no.2) to extends its stay order dated 02.08.2024 passed in case no. 226 of 2024 in computerized no. C202405000000226 (Kedar Others Vs Dhrunarayan Others) under section 207 in light of of U.P Revenue Code 2006, by deciding stay extension application dated 13.01.2025 pending before him"
3. Contention of learned counsel for the petitioners is that in an appeal filed against the judgment and decree passed under Section 116 of the U.P. Revenue Code, 2006, interim order was granted by the Appellate Court directing the parties to maintain status quo and the appeal was also admitted. Application for extension of said order is pending but the same has not been decided and the respondents are likely to change the nature of property as mentioned in the stay application itself. 4. No useful purpose would be served in keeping this writ petition pending. 5. Accordingly, this writ petition stands disposed of with a direction to respondent No.2 to consider and decide the above-mentioned appeal, in accordance with law, expeditiously, preferably within three months from the date of production of a certified copy of this order after ensuring service of notice upon all the respondents and after providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. 6. Till disposal of the appeal, parties are directed to maintain status quo.
It is, however, provided that petitioner, who is the appellant before the
Court below, will not seek adjournment and in case, he sough an adjournment, the interim order granted by this Court shall automatically vacated. Order Date :- 5.3.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad