Neutral Citation No. - 2025:AHC:87581-DB Court No. - 3 Case :- WRIT - C No. - 16852 of 2025 Petitioner :- Rehan Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Indra Jit Singh,Jyoti Gupta,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. The present petition has been filed, challenging the notice dated 11.5.2025, issued by the Executive Officer, Nagar Panchayat, Hathgaon, Fatehpur, asking the petitioner to evict the disputed premises and to remove his construction from the same. 2. The records show that an order under the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 was passed by the Prescribed Authority against the petitioner on 19.2.2024. Against the aforesaid order, passed by the prescribed authority, the petitioner filed an appeal before the District Judge, Fatehpur on 18.3.2024 which has been registered as Appeal No. 15/74 of 2024 and a stay application was subsequently filed in the aforesaid appeal. The said appeal is pending before the Additional District Judge, Court No.3, Fatehpur and no orders have yet been passed in the stay application, filed by the petitioner. 3. It has been argued by learned counsel for the petitioner that the order, passed by the prescribed authority, has not yet attained finality and is under consideration before the appellate authority. In view of the aforesaid, the notice is illegal and contrary to law. 4. We are not expressing any opinion on the argument of learned counsel for the petitioner. However, no purpose would be served in keeping the writ petition pending. 5. The writ petition is disposed of with a direction to the Additional District Judge, Court No.3, Fatehpur i.e. the appellate authority to pass appropriate orders, deciding the stay application filed by the petitioner in Appeal No. 15/74 of 2024 against the order dated 19.2.2024, passed by the prescribed authority, within a period of two months from today and in any case by 31.7.2025. 6. Till the decision is taken by the appellate authority on the stay application of the petitioner, the petitioner shall neither be evicted from the disputed premises nor his construction, existing on the disputed premises, shall be demolished. Order Date :- 23.5.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad