Neutral Citation No. - 2025:AHC:52480 Court No. - 35 Case :- WRIT - C No. - 9638 of 2025 Petitioner :- Ajmer Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anand Prakash Paul,Brij Bhushan Paul Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for following relief: "A. Issue writ of certiorari calling for record of the case quashing impugned order of respondent no. 2 dated 5.3.2025 and order dated 31.1.2025 passed by respondent no. 3 (Annexure no. 1 and 3 of the writ petition). B. Issue a writ of ad interim mandamus staying effect and operation of impugned order of respondent no. 2 dated 5.3.2025 and order dated 31.1.2025 passed by respondent no. 3 (Annexure no. 1 and 3 of the writ petition) and injunct not to abolition existing Rast of plot no. 410 area 0.0160 situate in village Kheriya, Tehsil Kheragarh, District Agra and entries referable to it in the revenue record." 3. Contention of the learned counsel for the petitioner is that an ex- parte order under Section 38 of the U.P. Revenue Code, 2006 was passed against the petitioner without even issuing notice to the petitioner. The petitioner challenged the order in appeal. The appeal filed by the petitioner has been admitted but the stay application has been rejected by the order dated 5.3.2025. Learned Counsel for the petitioner relied upon the judgment in case of Mool Chand Yadav Vs. Raza Buland Sugar Company Limited reported in 1982 (3) SCC page No. 484 and contended that once the appeal is admitted, the court below ought to have granted interim order specially when the order impugned is an ex-parte. 4. Learned Standing Counsel has submitted that since the appeal is pending is pending, no useful purpose would be served in keeping this petition pending. 5. The present petition stands disposed of finally with a direction to the respondent No. 2 to consider and decide the appeal filed by the petitioner, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after ensuring service upon all the respondents and after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. 6. Till disposal of the appeal, parties are directed to maintain status quo. Order Date :- 10.4.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad