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Neutral Citation No. - 2025:AHC:56822 Court No. - 35 Case :- WRIT - C No. - 10444 of 2025 Petitioner :- Smt. Pushplata Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rahul Saxena Counsel for Respondent :- C.S.C.,Sher Bahadur Singh 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 :-
"To issue a writ, order or direction in the nature of certiorari quashing the order dated 9.7.2024 passed by the respondent no. 2 in Case No. Computerized Case No. 788 of 2024, C202412000000788 (Smt. Pushplata Vs. Rajesh Kumar others), in a proceeding under section 207 of U.P. Revenue Code 2006, to the extent whereby the stay application filed in the pending appeal been has (Annexure-1 to the writ petition); To issue a writ, order or direction in the nature of mandamus directing the parties to maintain status-quo over the land dispute;"
3. Contention of learned counsel for the petitioner is that an appeal filed by the petitioner against a judgement and decree passed in suit under Section 229-B of U.P.Z.A. & L.R. Act has been admitted by the First Appellate Court but the application for interim relief has been rejected. Learned counsel for the petitioner relied upon the judgement of the Apex Court in case of Mool Chand Yadav Vs. Raza Buland Sugar Company Limited reported in 1982 (3) SCC page No. 484 and judgment of this Court in case of Maheshwar Pratap Shahi Vs. State of U.P. and 5 Others in Writ B No. 412 of 2020 dated 13.02.2020. 4. Learned Standing Counsel, however, submitted that since the appeal is pending it will be in the interest of justice not to entertain this writ petition but to direct the Appellate Court to decide the appeal itself within a time frame as may be fixed by this Court. To this proposition learned counsel for petitioner has no objection. 5. Shri Sanjay Agrawal, learned counsel appearing on behalf of the respondents stated that private respondents will appear in appeal within three weeks. 6.
In view of the same, the writ petition is disposed of with a direction to
respondent no.2 to consider and decide this appeal expeditiously preferably within a period of six months, after providing an opportunity of hearing to all the parties concerned, in accordance with law, provided there is no other legal impediment. 7. Till disposal of the appeal, parties are directed to maintain status quo. It is further provided that petitioner, who is the appellant before the Court below, will not seek undue adjournment to linger on appeal and in case, petitioner seeks undue adjournment, the interim protection granted by this Court shall automatically vacated. Order Date :- 17.4.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad