Neutral Citation No. - 2025:AHC:131799 Court No. - 34 Case :- WRIT - C No. - 26303 of 2025 Petitioner :- Shiv Prasad Mishra @ Lal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Saurabh Srivastava Counsel for Respondent :- C.S.C.,Hari Narayan Singh Hon'ble Rohit Ranjan Agarwal,J. 1. Petitioner before this Court claims that eviction proceeding under Section 67 of U.P. Revenue Code, 2006 was initiated against him and an ex-parte order for eviction was passed, which was confirmed in appeal. The said appeal was partly allowed and matter was remitted to Tehsildar. Again, Tehsildar has passed the order of eviction, which has been confirmed in appeal under Section 67 (5) of U.P. Revenue Code, 2006. Petitioner had approached this Court and this Court had issued a direction to decide the stay application and an interim order was passed by the appellate authority on 15.7.2025. On objection being filed by private respondent no. 6 the interim order granted in favour of petitioner has been vacated. Petitioner claims that thereafter a transfer application has been moved by respondent no. 6 and matter has been transferred to another court. Petitioner apprehends that he may be vacated from the house in question. 2. Learned Standing Counsel has appeared for respondent nos. 1 to 4, Sri H.N. Singh, learned counsel has put in appearance on behalf of respondent nos. 5 and Sri Pankaj Srivastava, learned counsel, has appeared for respondent no. 6 and opposed the writ petition. 3. After hearing learned counsel for the parties and perusing the material on record, I find that respondent no. 6, prima facie, has enmity with the petitioner and is pursuing the matter tooth and nail. The Gaon Sabha is not pursuing the matter as far as land in dispute is concerned. 4. This Court finds that 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, requiring the appellate authority to consider and decide the appeal pending before him, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order. 5. Writ petition stands disposed of. However, it is made clear that till the decision in pending appeal, petitioner shall not be evicted from the property in dispute. Order Date :- 5.8.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad