GULZARI LAL AND 2 OTHERS v. ADDITIONAL COMMISSIONER AND 10 OTHERS
WRIC/16862/2025 · 2025-05-29
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62698 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62698 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:94091 Court No. - 35 Case :- WRIT - C No. - 16862 of 2025 Petitioner :- Gulzari Lal And 2 Others Respondent :- Additional Commissioner And 10 Others Counsel for Petitioner :- Anupam Kulshreshtha Counsel for Respondent :- C.S.C.,Sahab Tiwari,Sumit Daga 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 :-
"Issue a writ, order or direction in the nature of Mandamus directing the respondent no.1 to decide the stay extension application of the petitioners dated 27.03.2025 filed in Appeal No.2836 of 2024 (Computerized Case No. C202401000002836); Gulzari & others Vs. Murari Lal & others. Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to extend the interim order dated 01.02.2025 till the disposal of the Appeal No.2836 of 2024 (Computerized Case No. C202401000002836); Gulzari & others Vs. Murari Lal & others. Issue a writ, order or direction in the nature of mandamus directing the respondents not to dispossess the petitioners from Plot Nos. 104, 105, 106, 107, 108, 113, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 139 and 140 total 21 plots measuring an area of 3.89 acres situated in Village Murshidpur Bangar, Pargana, Tehsil and District Mathura till the decision of the Appeal No.2836 of 2024 (Computerized Case No. C202401000002836); Gulzari & others Vs. Murari Lal & others, pending before the respondent no.1."
3. Contention of learned counsel for the petitioner is that in a regular appeal arising out of proceedings under Section 229-B of the U.P.Z.A. & L.R. Act, an interim order was granted to the petitioners which has not been extended. Appeal has been admitted and
learned counsel for the petitioner relied upon the judgment of the Apex Court in case of Mool Chand Yadav Vs. Raza Buland Sugar Company Limited reported in 1982 (3) SCC page No. 484.
4. Since both the parties have appeared before the Court below, this writ petition stands
disposed of with direction to the Appellate Court to consider and decide the above- mentioned appeal, in accordance with law, expeditiously, preferably within a period of three months after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment.
6. Till disposal of the above-mentioned appeal, parties are directed to maintain status quo. It is, however, provided that petitioners will co-operate in disposal of the above- mentioned appeal and will not seek any undue adjournments to linger on the proceedings. In case any undue adjournments will be sought by the petitioners, interim protection granted by this Court shall automatically be vacated.
Order Date :- 30.5.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad