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Neutral Citation No. - 2025:AHC:70265 Court No. - 35 Case :- WRIT - C No. - 14145 of 2025 Petitioner :- Anil Kumar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Umesh Prasad Singh Counsel for Respondent :- C.S.C.,Umesh Prasad Singh Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioner and perused the record.
2. The instant writ petition has been filed for the following relief:
"I. Issue a suitable writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 29.09.2023, passed by the respondent no.4/Assistant Collector/Tehsildar, Sagadi, District Azamgarh in Case No. 1064 of 2023, Computerized Case No.T202315060701064 (Report Versus Anil Singh) under Section 67(1) of U.P. Revenue Code, 2006 (Annexure No.4) as well as order dated 24.02.2025 passed by respondent no.3/Chief Revenue Officer, Azamgarh in Appeal No.2282 of 2024, Computerized No.D202415060002282 (Anil Kumar Singh Versus Tehsildar) under Section 67(5) U.P. Revenue Code-2006 (Annexure No.12) to the writ petition."
3. An order under Section 67 has been passed against the petitioner, against which, a restoration application was filed. During the pendency of the restoration application, the petitioner also filed an appeal and the appeal filed by the petitioner has been dismissed on the ground that appeal is not maintainable against an ex parte order in view of Section 209-h of the UP Revenue Code, 2006. It has been contended by the
learned counsel for the petitioner that the restoration application filed by the petitioner is still pending and the same may be
directed to be decided in a time frame as may be provided by this Court. It has been further contended that the respondents are trying to dispossess the petitioner.
4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and the direction be issued to respondent no.4 to decide the restoration application, if not already decided.
5. In view of the same, the writ petition is disposed of with a direction to respondent no.4 to consider and decide the restoration application filed by the petitioner expeditiously within 12 weeks, if not already decided.
6. Till disposal of the restoration application, constructions of the petitioner shall not be demolished subject to the condition that the petitioner will not linger on the disposal of the restoration application by moving undue adjournment and, in case, the petitioner tries to linger on the restoration proceedings, the interim protection granted by this Court shall be vacated automatically without any further reference to the Court.
Order Date :- 2.5.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad