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Neutral Citation No. - 2025:AHC:70882 Court No. - 35 Case :- WRIT - C No. - 12878 of 2025 Petitioner :- Shriram Respondent :- State Of Uttar Pradesh And 6 Others Counsel for Petitioner :- Ravindra Kumar Srivastava,Vikas Mani Srivastava 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 :-
"i) issue writ order or direction in the nature of the Certiorari quashing the notice dated 14.04.2025 (ANNEXURE 1 TO THE WRIT PETITION) issued by the Respondent No-7; (ii) Issue a writ order or direction in the nature of mandamus commanding the respondent no-2 to decide the Appeal dated 10-3-2025 u/s 67(5) U.P. Revenue code 2006 Sriram versus Gram Panchayat within stipulated period as this hon'ble court may deem fit and proper. (iii) Issue a writ order or direction in the nature of mandamus mandamus commanding the respondent authorities not to deprive and dispossess the petitioner from the Arazi/Khasra No-587/Area-0.008 Hectare out of area 0.271 Hectare situated at Village- Karauta @ Nebuwa/Nebuiyaan, Post- Nebuiya, Partaval, Tappa-Viraicha, Pargana-Haveli, Tehsil Sadar, District-Maharajganj,; without any authority of law and due process of law in view of provision of Article 300-A of the Constitution of India; iv)issue writ, order or direction in the nature of the mandamus commanding the respondents to maintain status quo over the Arazi/Khasra No-587/ area 0.008 Hectare out of are 0.0271 Hectare situated at Village-Karauta @ Nebuwa/Nebulyaan, Post- Nebuiya, Partaval, Tappa-Viraicha, Pargana-Haveli, Tehsil Sadar, District-Maharajganj till the disposal of the Appeal u/5 67(5) U.P. Revenue Code 2006;"
3. Against an order passed on 24.2.2025 in proceedings under Section 67 of the U.P. Revenue Code, 2006, petitioner has filed an appeal which is pending before respondent No.2. During the pendency of an appeal, notice dated 14.4.2025 has been issued to the petitioner to remove his constructions. 4. Contention of learned counsel for the petitioner is that order under Section 67 of the U.P. Revenue Code, 2006 is subject to the orders passed by the Section 67(5) of the U.P. Revenue Code, 2006 and the respondents should have waited for disposal of the appeal before proceeding for removal of his constructions. 5.
Learned Standing Counsel has submitted that no useful purpose would be served in keeping this writ petition and a direction be issued to respondent No.2 to consider and decide the appeal, expeditiously, in a time
frame as fix by this Court. 6. Accordingly, this writ petition stands disposed of with a direction to respondent No.2 to consider and decide the above-mentioned appeal, filed by the petitioner, 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 providing opportunity of hearing to all the concerned parties and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. 7. Till disposal of the appeal, constructions of the petitioner shall not be removed in pursuance of the order passed by the Tehsildar dated
24.2.2025. 8. However, it is provided that petitioner will cooperate in early disposal of the appeal and will not seek any undue adjournment and in case, undue adjournments are sought by the petitioner to linger on the proceedings, the interim order granted by this Court shall automatically be vacated. 9. With these observations, the writ petition is disposed of. Order Date :- 5.5.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad