Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32968 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"(i) Issue a writ order or direction nature of Mandamus commanding and directing the respondents to removal of encroachment from public utility land as Chak Road from Gata No. 48, 80, 121, 122 and Chak Nali Gata No. 126 and 129, Village Narayanpur Tappa Gaura, Tehsil Deoria, District Deoria in interest of justice accordance with law."
2. After some arguments, learned counsel for the petitioner submits that respondent no.5 has filed an appeal against the eviction order, which is pending consideration.
3. As the appeal is pending consideration, no direction can be issued for removing the alleged encroachment over the land in dispute.
4. However, as no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit, requiring the appellate authority to decide the appeal which is pending consideration against the eviction order, strictly 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. With the aforesaid direction, present writ petition stands disposed of.
6. It is made clear that this Court has not adjudicated the case on merit. September 19, 2025 SK Goswami Versus Counsel for Petitioner(s) : Awadh Narain Rai Counsel for Respondent(s) : C.S.C., Sudhir Bharti (Rohit Ranjan Agarwal,J.) Deepika Singh .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad