Neutral Citation No. - 2025:AHC:113305 Court No. - 33 Case :- WRIT - C No. - 22305 of 2025 Petitioner :- Haribansh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Narayan Dutt Shukla,Rituvendra Singh Nagvanshi Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. In the proceedings initiated under Section 11(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, an order dated 07.10.2024 was passed by the Prescribed authority in favour of the petitioner. 2. Aggrieved against the aforesaid, the State filed a restoration application before the Prescribed Authority on 16.01.2025 along- with an application for the grant of interim injunction. The said application was entertained by the Prescribed Authority/ Respondent No. 4 and order dated 16.01.2025 was passed by which the effect and operation of the order dated 07.10.2024 was stayed. By the said order, notices were also issued to the petitioner. 3. Aggrieved against the aforesaid, appeal as provided under Section 13 of the Act, 1960 was filed by the petitioner before Respondent No. 2/Commissioner, Gorakhpur Division, Gorakhpur, the same was rejected vide order dated 29.05.2025 on the ground that appeal is not maintainable against an interlocutory order. 4. Aggrieved against the aforesaid, the petitioner has preferred the present writ petition. 5. It is argued by Shri R.C. Singh, learned Senior Counsel appearing on behalf of petitioner that order passed by the Prescribed Authority / Respondent No. 4 dated 16.01.2025 by which the effect and operation of the order dated 07.10.2024 was stayed is per se illegal and against the provisions of law. It is further argued that no findings were recorded by the Respondent No. 4 while passing the order dated 16.01.2025. It is further argued that appeal preferred by the petitioner against the aforesaid order was fully maintainable but without considering the aforesaid aspect of the matter, the same was rejected on the ground that the same has been filed against interlocutory order. 6. On the other hand, it is argued by the learned Standing Counsel appearing on behalf of State-Respondent that order passed by the Respondent No. 4 dated 16.01.2025 is absolutely perfect and valid order and effect and operation of the order dated 07.10.2024 was rightly stayed by the order dated 16.01.2025. It is further argued that appeal filed by the petitioner was rightly rejected on the ground that the same was filed against interlocutory order. 7. Heard counsel for the parties and perused the record. 8. With the consent of the counsel for the parties, the present writ petition is disposed of finally at the admission stage itself. 9. From perusal of the order dated 16.01.2025 passed by the Respondent No. 4, it is clear that the same has been passed without giving any cogent reasons. It is settled law that while granting or rejecting injunction recording of reasons is mandatory. In Rayat Shikshan Sanstha vs. Suneel Shiva Gaikwad reported in (2010) 15 SCC 539, it has been held that while granting or rejecting injunction recording of reasons is mandatory. 10. After going through the order dated 16.01.2025, the Court is more than satisfied that the same has been passed without giving any cogent reasons. In this view of the matter, order dated 16.01.2025 passed by the Respondent No. 4 is liable to be set aside and the same is hereby set aside. 11. The respondent No.4/Prescribed Authority, Ceiling/Additional District Magistrate, Judicial is directed to pass fresh order in the matter strictly in accordance with law but after providing opportunity of hearing to all the parties concerned. 12. Since the order dated 16.01.2025 passed by the respondent No.4/Prescribed Authority, Ceiling/Additional District Magistrate, Judicial has already been set aside, the consequential order dated 29.05.2025 passed by the respondent No.2/Commissioner, Gorakhpur Division Gorakhpur is also set aside. 13. Accordingly, the writ petition is allowed. No order as to costs. Order Date :- 15.7.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad