Neutral Citation No. - 2025:AHC:80436 Court No. - 34 Case :- WRIT - C No. - 30184 of 2024 Petitioner :- Arvind Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Arvind Kumar Verma,Mahesh Sharma Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Mahesh Sharma, learned counsel for the petitioner and Shri Amaresh Kumar Tiwari, learned Standing Counsel for the State-respondents No. 1, 2 and 3. 2. By means of the present writ petition, the petitioner has challenged the order dated 11.01.2024 and 28.06.2024 passed by the Sub-Divisional Officer (Judicial)/Assistant Collector, 1st Class, Tehsil Dhanaura, District-Amroha (respondent No. 3) in case No. 12004 of 2023 (Rakesh Kumar Vs. Arvind Kumar and Others) and the order dated 09.08.2024 passed by the Commissioner, Moradabad Division, Moradabad (respondent No.2) in case No. 16995 of 2024 (Arvind Kumar Vs. Rakesh Kumar and Others). 3. Precisely, the submission of the learned counsel for the petitioner is that the impugned orders dated 11.01.2024 and 28.06.2024, passed by respondent No. 3, and the order dated 09.08.2024, passed by respondent No. 2, insofar as they relate to the refusal to vacate the interim order, are ex facie illegal and have been passed without considering the spot status, balance of convenience, prima facie case, and irreparable loss to the petitioner. 4. Learned counsel for the petitioner further submits that he has moved an application seeking permission to carry out certain repair work of the walls in the house, the same is pending before the Court of learned Assistant Collector (Judicial), Tehsil Dhanaura, District-Amroha since 14.08.2024. 5. Learned counsel appearing on behalf of the State-respondents has pointed out that by means of the order dated 09.08.2024 the revision was dismissed by the learned Court of Commissioner, Moradabad Division, Moradabad at the stage of admission itself, being against the interlocutory order and the matter was remitted to the Court of learned Sub Divisional Officer (Judicial)/Assistant Collector Class, Tehsil Dhanaura, District Amroha with a direction to decide the pending suit under Section 116 of the U.P. Revenue Code, 2006 within a period of two months after affording due opportunity of hearing to the parties and to adduce evidence. 6. 6. Taking into consideration the aforesaid facts and circumstances of the case and on the basis of arguments as advanced by the learned counsel for the parties, this Court is of the view that no useful purpose would be served to keep the present writ petition pending. 7. Accordingly, without adverting on merits of the case and with the consent of the parties, this Court deems it appropriate to finally dispose of the present writ petition, with a direction to Sub-Divisional Officer (Judicial)/Assistant Collector, 1st Class, Tehsil Dhanaura, District-Amroha (respondent No. 3), before whom the above mentioned case under Section 116 of the U.P. Revenue Code, 2006 is pending for disposal, to decide the same strictly in accordance with law, by a reasoned order after affording due opportunity of hearing to the parties concerned, expeditiously and preferably within a period of three months from the date of receipt of a certified copy of this order, unless there is any legal impediment. 8. It is further directed that no unnecessary adjournments be granted to either of the parties and the adjournment, if prayed for, will be permissible to be granted only in exceptional circumstances. 9. With the aforesaid direction, the present writ petition is disposed of. Order Date :- 15.5.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad