Neutral Citation No. - 2025:AHC:120766 Court No. - 34 Case :- WRIT - C No. - 15872 of 2025 Petitioner :- Balendra Yadav And Another Respondent :- State Of U.P. And 19 Others Counsel for Petitioner :- Ritesh Kumar Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioner and learned additional Chief Standing Counsel. 2. This writ petition has been filed with a grievance that though an appeal was preferred against the order dated 30.04.2024 passed under Section 24 of U.P. Revenue Code, 2006, the respondents have changed the spot position by dispossessing the petitioner therefrom. 3. Submission is that other side had filed a writ petition being Writ-C No.23421 of 2024 seeking implementation of the order dated 30.04.2024, however, taking into note the statement made by learned Standing Counsel at that time as regards pendency of the appeal filed by the petitioner against the said order, this Court disposed of the writ petition granting no relief to the concerned petitioner, i.e. the respondent herein and making certain observations that if after dismissal of appeal, the order is not complied with, liberty would be available to the petitioner i.e. respondent herein, to move again for redressal of grievance. 4. This Court, vide order dated 19.05.2025 passed in the present writ petition, called upon State respondents to furnish instructions. 5. Learned Additional Chief Standing Counsel has produced instructions furnished by the Sub Divisional Officer Jakhaniya. In second paragraph of the instructions, it is stated that a stay application was filed by the present petitioner in the pending statutory appeal, however, the same has been rejected on 19.07.2024. As regards the allegation of change of spot position, instructions revel that no change on the spot has been effected and the situation is at it existed at the time of institution of proceeding under Section 24 and in order to maintain peace, a direction has been issued by the S.D.M. to maintain status quo during the pendency of the appeal. 6. Be that as it may, once the stay application filed by the petitioner has been rejected on 19.07.2024 but the S.D.M. has stated that spot position will not be changed keeping in view the pendency of appeal and status quo shall be maintained, instead of granting the reliefs claimed in the writ petition which are with regard to the restoration of possession and also for calling upon the explanation from the respondents, writ petition is disposed of granting "any other relief" and that is in terms of a direction to the Appellate Commissioner for deciding the pending Appeal. 7. Writ petition is, accordingly, disposed of directing the Additional Commissioner, Varanasi Division, Varanasi to decide the Appeal No.C202414000000985 within a period of two months from the date of production of certified copy of this order before the said Commissioner. Order Date :- 22.7.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad