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2025 DAILYLAW 69474 (ALL)

ASHOK BACKAYA AND ANOTHER v. UNION OF INDIA AND ANOTHER

A227/6361/2025 · 2025-06-30

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101375 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6361 of 2025 Petitioner :- Ashok Backaya And Another Respondent :- Union Of India And Another Counsel for Petitioner :- Amit Kumar Srivastava Counsel for Respondent :- A.S.G.I. 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 :- "i) direct the learned District Judge, Agra to decide the Misc. Appeal No.176 of 2025 (Ashok Backaya and another vs. Union of India and another) within a reasonably stipulated period of time. ii) direct the respondents not to undertake any coercive or demolition action in respect of old grant Bungalow No.113, General Land Register (GLR) Survey No.170, Agra Cantonment, Agra in violation of government order dated 10.12.2019 pending consideration of the Misc. Appeal No. 176 of 2025 (Ashok Backaya and another vs. Union of India and another) before the learned District Judge, Agra;" 3. Contention of learned counsel for the petitioner is that petitioners have filed an appeal against the order dated 28.5.2025 passed against the petitioners under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. Appeal filed by the petitioners has been admitted but on the stay application, notices have been issued fixing 18.7.2025. It has been contended that the stay application may be considered and decided by the Appellate Court. Learned counsel for the petitioner relied upon the judgement of the Apex Court in case of Mool Chand Yadav Vs. Raza Buland Sugar Company Limited reported in 1982 (3) SCC page No. 484 and judgment of this Court in case of Maheshwar Pratap Shahi Vs. State of U.P. and 5 Others in Writ B No. 412 of 2020 dated 13.02.2020, and prayed that till disposal of the stay application, parties may be directed to maintain status quo. 4. Shri Sanjay Om, learned counsel appearing on behalf of respondents submitted that petitioners have no right in the property in dispute and the appeal filed by them has no merit and is liable to be dismissed. 5.Since the appeal has been admitted and in view of the judgment of Mool Chand Yadav (Supra) and Maheshwar Pratap Shahi (Supra), no useful purpose would be served in keeping this writ petition pending. 6. In view of the same, the writ petition stands disposed of with a direction to the District Judge, Agra to consider and decide the stay application filed by the petitioners in Misc. Appeal No.176/2025 (Ashok Backaya and another vs. Union of India and another) within four weeks, in accordance with law, after providing an opportunity of hearing to all the parties concerned provided there is no other legal impediment. 7. Till the disposal of stay application, parties are directed to maintain status quo. It is, however, provided that petitioners will not seek any unnecessary adjournment to linger on the proceedings and in case, they seek an adjournment, the interim order granted by this Court shall automatically be vacated. 8. It is made clear that this Court has not examined the matter on the merits of case. Order Date :- 1.7.2025 Rishabh Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad