HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35177 of 2026 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. Arvind Srivastava, learned counsel for the petitioner, Mr. Shailesh Srivastava, learned Standing Counsel for the State-respondents and Mr. Sudhir Bharti, learned counsel for Gaon Sabha. 2. The instant writ petition has been filed for the following relief; 1. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 26.05.2025 and 05.06.2025 passed by the Collector, District Gorakhpur, so far as it relates to decline passing any order on the stay application moved by the petitioner in Appeal No. 4074 of 2025, Vikesh Garg vs. Stater of U.P. and others, under Section 67(5) of U.P. Rervenue Code, 2006 (Annexure-1 to the writ petition). 2. Issue a writ, order or direction in the nature of mandamus restraining the respondents authority from interfering into the peaceful possession of the petitioner over plot no. 19 admeasuring area 0,462 hectare, , plot No. 24Kha admeasuring area 0.081 hectare situated in Village Chaura, Pargana Haveli, Tehsil Chauri Chaura, District Gorakhpur and recovering any amount from the petitioner in pursuance to the order dated 30.01.2025. 3. Counsel for the petitioner submitted that the order for eviction and damages has been passed by Tehsildar on 30.01.2025, under Section 67 of U.P. Revenue Code-2006 against the petitioner in illegal & arbitrary manner accordingly an appeal under Section 67(5) of U.P. Revenue Code, 2006 has been filed on behalf of petitioner before respondent No. 2 Collector/ District Magistrate, Gorakhpur, which has been entertained and transferred before respondent no. 3. He further submitted that appropriate direction be issued to respondent no. 3 to decide the appeal within stipulated period and till Versus Counsel for Petitioner(s) : Arvind Srivastava, Shubham Srivastava, Vijay Bahadur Vishwakarma Counsel for Respondent(s) : C.S.C., Sudhir Bharti Vikesh Garg .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) disposal of appeal, the order of eviction and damages passed by Tehsildar dated 30.01.2025 should be stayed. 4. Mr. Shailesh Srivastava, learned Standing Counsel for the State and Mr. Sudhir Bharti, learned counsel for Gaon Sabha submitted that no interference is required in the matter as the appeal filed by the petitioner is pending before respondent no. 3. 5. I have considered the arguments advanced by learned counsel for the petitioner, learned Standing Counsel for the State, learned counsel for Gaon Sabha and perused the record. 6. There is no dispute about the fact that the order for eviction and damages has been passed by Tehsildar under Section 67 of U.P. Revenue Code-2006 against the petitioner and the appeal filed by the petitioner under Section 67(5) of U.P. Revenue Code-2026 is pending before respondent no. 3. 7. This Court in the case reported in 2007 (102) RD 498 Ali Sher vs. State of U.P. through Collector, Bijnor and others has held that if order under appeal or revision has serious consequence then operation of the order must be suspended till pendency of the appeal/revision. Para Nos. 4 & 5 of the judgment rendered in Ali Sher (Supra) will be relevant which are as under: "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 ratio of law laid down by this Court in Ali Sher (Supra) as well as the entire facts and circumstances of the case, the instant petition WRIC No. 35177 of 2026 2 is finally disposed of directing the respondent no. 3/Additional District Magistrate (Administration), Gorakhpur, to decide the aforementioned appeal expeditiously preferably within a period of three months from the date of production of a certified copy of this order. It is further directed that till the disposal of the aforementioned appeal, the effect and operation of the order dated 30.01.2025 passed by respondent no. 4 Assistant Collector/Tehsildar, Chauri Chaura, District Gorakhpur, shall be kept in abeyance. September 14, 2026 v.k. updh. WRIC No. 35177 of 2026 3 (Chandra Kumar Rai,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad