Neutral Citation No. - 2025:AHC:14467 Court No. - 50 Case :- WRIT - C No. - 1778 of 2025 Petitioner :- Zakir Hussain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rohit Sharan Tomar Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Rohit Sharan Tomar, learned counsel for the petitioner, Sri Anjani Kumar Chaurasiya, learned Addl. C.S.C. for the state-respondents and Sri Arun Kumar Pandey, learned counsel for the respondent-gaon sabha. 2. The instant writ petition has been filed for the following reliefs:- (a) Issue a writ, order or direction in the nature of mandamus, directing the respondent no.2 to decide the stay application dated 16.12.2024 in accordance with law filed in support of appeal pending before him. (b) Issue a writ, order or direction in the nature of mandamus, directing the respondent no.2 not to implement the order dated 6.12.2024 which is under challenge before him in Appeal No.D/2024, 13590002074, under Section 67(5) of the U.P. Revenue Code, 2006." 3. Counsel for the petitioner submitted that the order for ejectment and damages has been passed by the Tehsildar on 6.12.2024 in respect to plot no.207, area 160 sq. mtr., treating the same to be as banjar. He submitted that petitioner has also filed appeal under Section 67(5) of the U.P. Revenue Code, 2006 on 16.12.2024 within limitation before the Collector which is pending but no interim protection has been granted. He submitted that appeal is within limitation and the order impugned in appeal, has serious consequence, as such, the petitioner is entitled for interim protection during pendency of appeal. He placed reliance on the decision of this Court reported in 2007 (102) RD 498, Ali Sher Vs. State of U.P. Through Collector, Bijnor and Others. 4. On the other hand, learned standing counsel and the counsel for the respondent-gaon sabha submitted that the appeal filed before the Collector/respondent no.2 is pending, as such, petitioner should press his pending appeal as well as the application for interim relief before respondent no.2 rather the instant writ petition before this Court. 5. I have considered the arguments advanced by learned counsel for the parties and perused the records. 6. There is no dispute about the fact that the order for ejectment and damages has been passed by the Tehsildar on 6.12.2024 against the petitioner and the petitioner has filed an appeal within limitation on 16.12.2024 which is still pending before respondent no.2. 7. This Court in the case of Ali Sher (supra) has held that the interim protection be granted during pendency of appeal / revision if the order under appeal and revision has serious civil consequences. Paragraph Nos.4 & 5 of the judgment is relevant which is as follows: "4. It is well settled that once an appeal or revision is entertained by a higher Court against an order having civil consequences stay normally should be granted to avoid swinging pendulum unless the Court for the reasons to be recorded finds that there is no case for grant of stay as observed by the Hon'ble Apex Court in the case of Mool Chand v. Raza Buland Sugar Industries." 5. Considering the facts and circumstances, impugned order dated 16.11.2006 is hereby quashed. Writ petition stands allowed. Appellate Court is directed to disposal of the appeal of petitioner in accordance with law as expeditiously as possible preferably within a period of two months from the date of production of certified copy of this order before him and till the disposal of appeal as directed above, parties shall maintain status quo with regard to nature and possession over the land in dispute." 8. Considering the nature of entry of the plot in question as well as the area involved in the proceeding, the instant writ petition is disposed of, with the direction to respondent no.2/Collector, Rampur to register the petitioner's appeal and decide the same, in view of the ratio of law laid down by this Court in the case of Ali Sher (supra), as expeditiously as possible, preferably within a period of 3 months, from the date of production of a certified copy of this order before the authority concerned, after affording proper opportunity of hearing to the parties concerned, in accordance with law. It is further directed that till the disposal of the aforementioned appeal by respondent no.2, the effect and operation of the order dated 6.12.2024 passed by Tehsildar shall remain stayed and the petitioner shall not be evicted from the plot in dispute in any manner. Order Date :- 31.1.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad