Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 6291 (ALL)

JIYALAL v. STATE OF U.P. AND 3 OTHERS

WRIC/34456/2026 · 2026-09-08

Chandra Kumar Rai

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34456 of 2026 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. Prakash Chandra Gupta, learned Counsel for the petitioner, Mr. Azad Rai, learned Counsel for Gaon Sabha and Mr. Raj Kumar Singh, learned Standing Counsel for the State respondents. 2. The instant writ petition has been filed for the following relief:- "(i) A writ order or direction in the nature of mandamus directing to set aside R.C. 20 dated 29.4.2022 and order dated 18.6.2026 passed by learned Tehsildar Tehsil Handia, District Prayagraj in case no. 2092/ 2022 computerized case no. T202202030402092 (Gaon Sabha Vs. Jiyalal) under Section 67 of U.P. Revenue Code, 2006 during the pendency of the present writ petition before this Hon'ble Court.. II) A writ order or direction in the nature of mandamus, commanding and directing the respondent authorities not to interfere in the peaceful possession of the petitioner in plot in dispute i.e. Arazi no. 596 (Chh) area about 0.0800 hect. out of 0.2380 hect. situated at Village- Kasaujha Urf Pure Raghai Police Station Sarai Mamrej, Tehsil- Handia, District- Prayagraj, till the disposal of the present writ petition before this Hon'ble Court." 3. Counsel for the petitioner submitted that order for eviction and damages has been passed by Tehsildar in illegal and arbitrary manner vide order dated 18.6.2026. He submitted that restoration application dated 9.7.2026 filed on behalf of the petitioner is pending Versus Counsel for Petitioner(s) : Prakash Chandra Gupta Counsel for Respondent(s) : Azad Rai, C.S.C. Jiyalal .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) before the Tehsildar, as such, appropriate direction be issued to respondent no.3, Tehsildar to decide the petitioner's application within time bound period and till the disposal of the application, respondents be restrained from interfering with the possession of the petitioner. 4. On the other hand, learned Standing Counsel for State and learned Counsel for Gaon Sabha submitted that no interference is required in the matter as against the order of eviction and damages, remedy of appeal is available. They submitted that petitioner has filed restoration application which is pending before the Tehsildar, as such, the instant petition cannot be entertained. 5. I have considered the arguments advanced by learned Counsel for the petitioner, learned Standing Counsel for State, learned Counsel for Gaon Sabha and perused the records. 6. There is no dispute about the fact that order for eviction and damages has been passed by Tehsildar from 18.6.2026 and restoration application dated 9.7.2026 filed on behalf of the petitioner is pending before respondent no.3. 7. Considering the facts and circumstances of the case, interest of justice requires that pending restoration application dated 9.7.2026 should be decided expeditiously. 8. Considering the entire facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to respondent No.3, Tehsildar, Tehsil Handia, District Prayagraj to consider and decide the petitioner's restoration application dated 9.7.2026 in accordance with law expeditiously and preferably within a period of six months from the date of production of certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties. September 9, 2026 Vandana Y. WRIC No. 34456 of 2026 2 (Chandra Kumar Rai,J.) Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad