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Neutral Citation No. - 2025:AHC:91184 Court No. - 35 Case :- WRIT - C No. - 17968 of 2025 Petitioner :- Smt. Reeta Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dinesh Kumar Yadav,Raj Kumar Dhama Counsel for Respondent :- Abhishek,C.S.C.,Rameshwar Prasad Shukla Hon'ble Manish Kumar Nigam,J.
1. A mention was being made in the morning by learned counsel for the petitioner and in pursuance thereof, file has been summoned from the Registry and has been taken out of turn.
2. Supplementary affidavit filed today is taken on record.
3. Heard Shri R.C. Singh, learned Senior Counsel assisted by Shri Raj Kumar Dhama, Shri Abhishek Shukla, learned Standing Counsel, Shri R.P. Singh, learned counsel appearing on behalf of Gaon Sabha and Shri Abhishek, learned counsel for respondent No.6. Perused the record.
4. This writ petition has been filed seeking following relief :-
"(I) Issue a writ, order or direction in the nature of certiorari quashing the impugned notice/order dated 20.05.2025 passed by the Revenue Inspector Didarganj, Tehsil Martinganj, District- Azamgarh and Respondent No.3 for the illegal dispossession of the petitioner from her house situated over Gata No. 352 Gha, village Kharsahankala, Pragna- Mahul, Tehsil Martinganj, District- Azamgarh. (II) To issue a writ order or direction in the nature of mandamus against the respondents not to dispossess the petitioner from his house situated over Gata No. 352 Gha under the proceeding of section 24 of U.P. Revenue Code and not to take any coercive action/demolition of the house of the petitioner, during the pendency of the present writ petition before this Hon'ble Court."
5. Contention of learned Senior Counsel appearing for the petitioner is that the order under Section 24 of the U.P. Revenue Code, 2006 was passed against the petitioner. Against the said order, petitioner preferred a restoration application and the said application has been rejected. Against both these orders, two separate appeals have been filed by the petitioner under Section 24(4) of the U.P. Revenue Code, 2006 and they are pending
consideration. During pendency of the appeal, a notice has been issued to the petitioner by the Revenue Inspector - respondent No.4 directing the petitioner to remove her constructions over the Gata No.357, which according to respondent No.4 is encroachment made by the petitioner, within a week failing which action will be taken by the Administration. The said gata No.357 belongs to respondent No.6. It has been further contended by learned Senior Counsel that it will be inappropriate to remove
the construction during pendency of the appeal.
6. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this writ petition pending and a direction be issued to respondent No.2 to decide the appeal in a time frame, as fix by this Court.
7. In view of the same, this writ petition stands disposed of with direction to respondent No.2 to decide the appeal, filed by the petitioner, in accordance with law, expeditiously, preferably within a period of three months from the date of production of a certified copy of this order and after ensuring service of notice upon all the concerned parties provided there is no other legal impediment.
8. Shri Abhishek, learned counsel appearing for respondent No.6, who is opposite party No.1 in the appeal, undertakes that his client will appear in the appeal within two weeks and will not linger on the proceedings of appeal.
9. Till disposal of the appeal, parties are directed to maintain status quo.
10. It is made clear that neither the parties will try to linger on the proceedings of appeal by seeking undue adjournments and in case undue adjournments are sought by the petitioner, interim protection granted by this Court shall automatically be vacated.
Order Date :- 27.5.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad