Neutral Citation No. - 2025:AHC:73824 Court No. - 35 Case :- WRIT - C No. - 11330 of 2025 Petitioner :- Vinod Singh @ Vinod Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.P.Singh Counsel for Respondent :- C.S.C.,Ram Yash Chauhan,Rameshwar Prasad Shukla Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for the following relief:- "(i) Issue a writ or direction nature of Certiorari to quash the impugned orders dated 03.01.2025 passed by Chief Revenue Officer/ Additional Collector (Land-Revenue) Azamgarh (respondent No. 2) in case No. 3499 of 2024 (Computer Case No. D202415060003499) and in Case No.3500 of 2024 (Computer Case No.D202415060003500) under section 67(5) of UP Revenue Code- 2016 (Vinod v Tehsildar Lalganj), And impugned order dated 30.10.2023 passed in in Case no. 5244 of 2022 (Computer Case No.T202215060405244) (State Vs. Vinod) and impugned order dated 11.11.2024 passed in RST case No.5244 of 2022, (Computer Case No.T202215060405244) (State Vs. Vinod), passed by the Tehsildar / Assistant Collector, Lalganj, Azamgarh (Respondent No. 3) under section 67 (1) of U.P. Revenue Code-2006 (Contained as Annexure No.11,12,5 & 8 to the writ petition respectively)." 3. Contention of learned counsel for the petitioner is that an ex- parte order dated 30.10.2023 was passed against the petitioner in proceedings under Section 67 of the U.P. Revenue Code, 2006. The restoration application filed by the petitioner was also dismissed by the order dated 11.11.2024. Against the order dated 30.10.2023 and order dated 11.11.2024, two separate appeals being Appeal No.3499 of 2024 and Appeal No.3500 of 2024 were filed by the petitioner on 22.11.2024 before the Collector, Azamgarh. By the order dated 7.12.2024, the Collector, Azamgarh transferred both the appeals to the court of respondent no.2, C.R.O., Azamgarh and next date fixed in the matter was 26.12.2024. By the order dated 3.1.2025, both the appeals have been dismissed in absence of the petitioner. It has been contended by learned counsel for the petitioner that after transfer from the court of District Magistrate to the court of respondent no.2, no notice was given to the petitioner informing about the transfer of the appeals. This Court by its order dated 17.4.2025 directed the respondents to produce the original record which is being produced today in the Court. 4. Learned Standing Counsel has fairly submitted that no notice was issued after transfer of the cases from the court of District Magistrate to the court of respondent no.2. However, it is submitted by learned Standing Counsel that a restoration application has been filed by the petitioner against the orders passed by the appellate court. 5. Since the orders in appeals have been passed without any notice to the petitioner as the case was transferred from the court of Collector to the court of respondent no.2 without any notice to the petitioner, the order impugned cannot be sustained. 6. The writ petition is allowed. The order dated 3.1.2025 passed in Appeal No.3499 of 2024 and Appeal No.3500 of 2024 are quashed. The respondent no.2 is directed to reconsider the appeals filed by the petitioner in accordance with law after providing opportunity of hearing to the petitioners expeditiously preferably within a period of three months. 7. Till disposal of the appeals, constructions of the petitioner will not be removed on the basis of the order passed by the Tehsildar. 8. However, it is made clear that the petitioner will cooperate in early disposal of the appeals and will not seek any adjournment and in case, the adjournments are sought by the petitioner to linger on the proceedings, the interim order granted by this Court shall automatically be vacated. Order Date :- 7.5.2025 S. Singh (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad