Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:104114 Court No. - 34 Case :- WRIT - C No. - 19194 of 2025 Petitioner :- Kamlesh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rahul Kumar,Rajneesh Tripathi Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:
"Issue a writ, order or direction in the nature of mandamus directing to the respondent No.2 for decide the interim relief application filed by petitioner in connection of Appeal No. 908 of 2025 (Kamlesh Vs. dram Sabha) under Section 67(5) of U.P. Revenue Code, 2006 within stipulated period time as fixed by this Hon'ble Court. ii) Issue a writ, order or direction in the nature of mandamus directing to the respondent No.2 and 3 for not evict to the petitioner or demolish to the house of petitioner and also not make any interference in the peaceful possession of the petitioner on the house situated Village Bhitpara, Tappa- Sahila, Pargana and Tehsil - Naugarh, District - Siddharth Nagar."
2. It is contended that against eviction proceedings initiated under Section 67 of U.P.Revenue Code, 2006, an appeal has been preferred under Section 67(5) of the Code by the petitioner in which stay application has been filed, which is pending
consideration. The sole prayer made in the writ petition is for expeditious disposal of the aforesaid interim relief application.
3. As no useful purpose would be served in keeping the matter pending or issuing notice to the private respondents, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit, with a direction upon respondent No.2 to decide interim relief application filed by petitioner in Appeal No. 908 of 2025 (Kamlesh Vs. dram Sabha) under Section 67(5) of U.P. Revenue Code, 2006 , in accordance with law, after hearing all affected parties, preferably within a period of two weeks from the date of production of certified copy of this
order.
4. With the aforesaid direction, present writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the case on merit.
Order Date :- 3.7.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad