Court No. - 33 Case :- WRIT - C No. - 25606 of 2025 Petitioner :- Mukesh Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kuldeep Kumar Gupta Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard Sri Kuldeep Kumar Gupta, learned counsel for the petitioner and learned Standing Counsel for the respondent-State. 2. The petitioner has preferred present writ petition inter-alia with the prayer to quash the recovery citation dated 07.01.2025 issued by the respondent no.4 namely Tehsildar, Tehsil-Rasulabad, District Kanpur Dehat as well as entire recovery proceedings pursuant to the aforesaid recovery certificate till disposal of the stay application filed in Appeal No.1326 of 2025 (Computerized No.C202503000001326) pending before the respondent no.2. 3. The facts in brief as contained in the writ petition are that against the order of recovery dated 26.02.2024 passed by the District Magistrate, Kanpur Dehat/respondent no.3 statutory appeal as provided under Rule 258 (1) of the U.P. Panchayat Raj Rules, 1947 was preferred by the petitioner before the respondent no.2-Commissioner, Kanpur Division, Kanpur, which was numbered as Appeal No.C202503000001326. Along-with the said appeal an application for grant of interim relief was also filed on 24.04.2025. Since there was some small delay an application for condonation of delay was also filed. The aforesaid appeal was duly entertained and last date in the matter was fixed 30.07.2025. 4. It is argued by counsel for the petitioner that on the one hand respondent no.2 is not passing any order on the application filed by the petitioner along-with memo of appeal and on the other hand respondents are threatening the petitioner to recover the amount as per recovery certificate dated 07.01.2025 issued by the respondent no.4. It is further argued that as per Rule, 259 of the U.P. Panchayat Raj Rules, 1947 during pendency of the appeal, the order of surcharge passed by the District Magistrate and all proceedings and recovery of surcharge should be stopped till disposal of the appeal. 5. In the special facts and circumstances of the case and in the interest of justice, respondent no.2 is directed to pass appropriate orders on the application for condonation of delay filed along-with the aforesaid appeal expeditiously and preferably within a period of four weeks from today. If the aforesaid application is allowed, respondent no.2 is further directed to pass appropriate orders on the stay application filed along-with the said appeal within next four weeks. 6. For a period of three months or till any order is passed by the respondent no.3, whichever is earlier, no coercive action shall be taken against the petitioner. Order Date :- 4.8.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad