Neutral Citation No. - 2025:AHC:134085 Court No. - 34 Case :- WRIT - C No. - 26430 of 2025 Petitioner :- Abhay Dubey And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Purushottam Mani Tripathi Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayers:- "(a) Issue a writ, order or direction in the nature of Mandamus, directing the respondents no. 2 and 3 to implement and enforce the order dated 21.05.2025 passed by the respondent no.3/ Sub- Divisional Magistrate, Padrauna, District Kushinagar in Case No. 6520/2025 (Krishnanand Vs Vijai) under sections 134 of UP Land Revenue Code, 2006; (b) Issue a writ, order or direction in the nature of Mandamus, directing the respondent no.2 to ensure physical possession is restored and unlawful encroachments over Gata No. 4565/0.065 hectare at Madar Vindwaliya, Tappa-Naugawan, Pargana- Sidhua Jobna, Tehsil Padrauna, District- Kushinagar, Uttar Pradesh are removed forthwith;" Learned counsel for the petitioners fairly states that though the order under Section 134 of U.P. Revenue Code, 2006 was passed, an appeal has been preferred by the private respondents which is pending consideration, in which, no interim order has been granted. In view of the said fact, the prayer made in the writ petition cannot be granted as the appeal is still pending consideration. However, as the appeal is still pending consideration, no useful purpose would be served in keeping the matter pending or issuing notice to the private respondents and the writ petition is being disposed of, at the admission stage, without calling for counter affidavit, with a direction upon authority concerned to decide said appeal, 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. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 7.8.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad