HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28351 of 2026 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard learned cousnel for the petitioner, Mr. Shridhar Tripathi, learned Standing Counsel for the State-respondents and Mr. Sunil Kumar Singh, learned counsel for Gram Sabha. 2. The instant writ petition has been filed for the following relief: " (i). Issue a writ, order or direction in the nature of MANDAMUS directing the respondent no. 2 i.e. Additional District Magistrate (Judicial), Ghaziabad to decide the appeal i.e Case No. 797 of 2026 (Computerized Case No. D202611280000797) (Sarita @Savita Vs. State of U.P. and others), under Section 67(5) of the U.P. Revenue Code, 2006 and further be directed the respondent authority not to make any recovery as well as eviction proceeding against the petitioner in pursuance of the ex-parte judgment and order dated 28.03.2024 passed by Tehsildar/Assistant Collector (Second Class), Tehsil-Loni, District- Ghaziabad, in Case No. 02647/2019 (State of U.P. Vs. Sarita), under Section 67 of Revenue Code, 2006, till the final disposal of the appeal preferred by petitioner under Section 67(5) of the U.P. Revenue Code, 2006. Versus Counsel for Petitioner(s) : Santosh Kumar Shukla Counsel for Respondent(s) : C.S.C., Sunil Kumar Singh Smt. Sarita @ Savita .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) (ii) Issue a writ, order or direction in the nature of MANDAMUS directing the respondent authorities not to initiate any recovery proceedings against the petitioner in pursuance of the recovery citation issued by Tehsildar, Loni dated 18.02.2026, till the final disposal of the appeal preferred by petitioner under Section 67 (5) of the U.P. Revenue Code, 2006, before the Additional District Magistrate (Judicial), Ghaziabad against the judgment and order dated AH 28.03.2024 passed by Tehsildar/Assistant Collector (Second Class) Loni, Ghaziabad." 3. This Court on 07.08.2026 directed the respondent no.2- Additional District Magistrate (Judicial) Ghaziabad to consider the delay condonation matter within time bound period. 4. In pursuance of the order of this Court, instruction dated 22.09.2026 sent by Additional District Magistrate (Judicial) Ghaziabad is taken on record. 5. Mr. Shridhar Tripathi, learned Standing Counsel for the State- respondents on the basis of the instruction dated 22.09.2026 submitted that delay in filing the appeal has been condoned, record has been summoned and date has been fixed for disposal of appeal under Section 67 (5) of U.P. Revenue Code, 2006 in accordance with law, as such petitioner should participate in the proceeding of appeal. 6. Learned cousnel for the petiotner submitted that authorities are going to implement the order of Tehsildar as such order of Tehsildar should be stayed during pendency of the aforementioned appeal. He further placed reliance upon the judgment of this Court reported in 2007 (102) RD 498 Ali Sher Vs. State of U.P. WRIC No. 28351 of 2026 2 through Collector, Bijnor and others, in order to demonstrate that interim protection should be granted during pendency of appeal / revision if the order under appeal/ revision has serious consequences. 7. I have considered the arguments advanced by the learned counsel for the parties and perused the record. 8. There is no dispute about the fact that appeal under Section 67 (5) of U.P. Revenue Code, 2006 is pending before respondent No.2/Additional District Magistrate (Judicial), Ghazabad after condoning the delay in filing the appeal. 9. 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. Paragraph 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, WRIC No. 28351 of 2026 3 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." 10. 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 writ petition is finally disposed of directing the respondent no.2/Additional District Magistrate (Judicial) Ghaziabad to decide the aforementioned petitioner's appeal after affording opportunity of hearing to the parties expeditiously preferably within a period of three months from the date of production of 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 28.03.2024 passed by Tehsildar shall remain in abeyance. September 24, 2026 PS* WRIC No. 28351 of 2026 4 (Chandra Kumar Rai,J.) Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad