PHOOLPARI DEVI AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
WRIC/26281/2025 · 2025-08-12
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 83643 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83643 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:137395 Court No. - 33 Case :- WRIT - C No. - 26281 of 2025 Petitioner :- Phoolpari Devi And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Subodh Pandey,Yogesh Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. Heard Shri Subodh Pandey, learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
2. The petitioners have preferred the present writ petition inter-alia with the following prayers:-
"v. To Issue a writ, order or direction in the nature of Mandamus directing the respondents to maintain status-quo upon the land in dispute vide Gata No.544 situated at Village Semrahna, Tappa Khas, Pargana Tilpur, Tehsil Nichlaul, District Maharajganj, during the pendency of the restoration application. vi. To issue a writ, order or direction in the nature of Mandamus directing the respondent authority not to create third party interest in the plot in dispute, during the pendency of the restoration application."
3. It is argued by the counsel for the petitioners that they earlier approached this Court by filing writ petition being Writ C No.1373 of 2025 (Phoolpari Devi And Another vs. State of U.P. and Another). The aforesaid writ petition was disposed of vide order dated 24.01.2025 with the direction to the Respondent No.2 to consider and decide the restoration application dated 16.11.2024 filed by the petitioners within a period of two months.
4. Since the same was not complied with, the petitioners have preferred contempt petition being Contempt Application (Civil) No.2385 of 2025 (Phoolpari Devi And Another vs. Dr. Pankaj Kumar Verma, Additional District Magistrate (Finance & Revenue), Maharajganj/ Prescribed Authority).
5. It is argued that pursuant to the order passed by this Court dated 24.01.2025, a stay application was filed by the petitioner before the prescribed authority / Additional District Magistrate (Finance & Revenue), Maharajganj/ Respondent No. 3 on 07.02.2025 thereafter a reminder was also made but till date no orders were passed on the aforesaid stay application.
6. It is further argued that on the one hand Respondent No.3 is not passing any
order on the stay application filed by the petitioners and on the other hand the respondents are trying to dispossess the petitioners from the property in dispute.
7. On the other hand it is argued by the learned Standing Counsel that stay application submitted by the petitioners before the Respondent No. 3 was not in a proper format. It is further argued that in case proper application has been filed by the petitioner before the Respondent No.3 in the pending proceedings, the necessary order will be passed on the same, expeditiously.
8. Heard counsel for the parties.
9. With the consent of the counsel for the parties and also in the interest of justice, the present writ petition is disposed of finally permitting the petitioners to move a proper application for the grant of interim protection till the time their restoration application is pending before the Respondent No.3, prescribed authority / Additional District Magistrate (Finance & Revenue), Maharajganj. If such application is filed within a period of two weeks from today along-with the certified copy of this order, the Respondent No.3 will pass appropriate order on the same within next four weeks.
10. For a period of two months or till the time the decision is taken on the stay application filed by the petitioners, whichever is earlier, no coercive action shall be taken against the petitioners.
Order Date :- 13.8.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad