Allahabad High Court
Mohan Pasi vs State Of U.P. And 4 Others on 11 August, 2023
Bench: Chandra Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:163449
Court No. - 51
Case :- WRIT - C No. - 22166 of 2023
Petitioner :- Mohan Pasi
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Doodh Nath Yadav
Counsel for Respondent :- CSC,Rameshwar Prasad Shukla
Hon'ble Chandra Kumar Rai,J.
1. Heard Counsel for the petitioner, learned Standing Counsel for the State-respondents and Mr. Rameshwar Prasad Shukla for respondent no.5, Gram Sabha.
2. The instant petition has been filed for mandamus directing the respondent no.3 to decide the pending stay application in appeal under Section 67 (5) of the U.P. Revenue Code, 2006 within stipulated period.
3. Counsel for the petitioner submitted that against the order of Tehsildar dated 11.5.2022 passed in the proceeding under Section 67 of the U.P. Revenue Code, 2006, an appeal along with stay application under Section 67 (5) of the U.P. Revenue Code, 2006 is pending before respondent no.3. He further submitted that appeal has been registered as D202215060003307. He further submitted that necessary direction be issued for disposal of the pending stay application and till the disposal of the application, no coercive action be taken against the petitioner in pursuance of the order of Tehsildar dated 11.5.2022. He placed reliance upon the judgment of this Court reported in 2007 (102) RD 498, Ali Sher Vs. State of U.P. Through Collector, Bijnor and Others.
4. On the other hand, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents and Mr. Rameshwar Prasad Shukla for respondent no.5, Gaon Sabha submitted that appeal is pending along with stay application before respondent no.3, as such, petitioner should approach the Appellate Court and writ petition is not maintainable.
5. I have considered the arguments advanced by learned Counsel for the parties and perused the records.
6. There is no dispute about the fact that appeal filed by petitioner under Section 67(5) of the U.P. Revenue Code, 2006 along with stay application is pending before respondent no.3.
7. This Court in the case of Ali Sher (Supra) has held that if the order under appeal/ revision has serious civil consequences then operation of the order under appeal must be suspended during pendency of appeal/ revision. Paragraph Nos. 4 and 5 of the judgment is relevant for perusal 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 in Ali Sher (Supra), the instant petition is finally disposed of directing the respondent no.3, Additional District Magistrate (F/R)/ Upper Ziladhikari Azamgarh to decide the petitioner's stay application as well as appeal No. 202215060003307 within period of four months from the date of production of certified copy of this order in accordance with law.
9. It is further directed that till the disposal of the petitioner's appeal, the operation of the order of the Tehsildar dated 11.5.2022 shall remain suspended.
Order Date :- 11.8.2023
Vandana Y.
