Allahabad High Court
Rangi vs State Of U.P. And 3 Others on 4 October, 2023
Bench: Chandra Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:190733
Court No. - 51
Case :- WRIT - C No. - 33789 of 2023
Petitioner :- Rangi
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Piyush Patel,Pradeep Kumar
Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Chandra Kumar Rai,J.
1. Heard Mr. Pradeep Kumar, learned Counsel for the petitioner, Mr. Chandra Prakash Yadav, learned Standing Counsel for the State respondents and Mr. Sudhir Bharti, Counsel for respondent no. 4, Land Management Committee.
2. Counsel for the petitioner submitted that Tehsildar has passed an order for ejectment and damages against the petitioner on 01.06.2023 without considering the case of the petitioner in accordance with law. He further submitted that petitioner was granted lease in the year 1988 and petitioner is in possession on the basis of lease granted in the year 1988, as such, the order for ejectment and damages has been passed in arbitrary manner against the petitioner. He submitted that appeal filed by the petitioner under Section 67 (5) of the U.P. Revenue Code, 2006 along with the stay application is pending before respondent no. 2, Additional District Magistrate, (F/R), Maharajganj. He submitted that appeal has been admitted, but no interim order has been passed by respondent no. 2. He submitted that authorities are adamant to demolish the petitioner's construction in pursuance of the order of the Tehsildar dated 01.06.2023.
3. On the other hand, Mr. Chandra Prakash Yadav, learned Standing Counsel for the State and Mr. Sudhir Bharti, learned Standing counsel for the respondent no. 4, Land Management Committee submitted that writ petition is not maintainable as appeal filed by the petitioner is pending, as such, the petitioner shoud press his pending appeal and stay application in accordance with law.
4. I have considered the arguments advanced by the counsel for the parties and perused the record.
5. There is no dispute about the fact that appeal under Section 67 (5) of U.P. Revenue Code, 2006 filed by the petitioner alongwith the stay application against the order of Tehsildar dated 01.06.2023 is pending before respondent no. 2. The number of appeal under Section 67 (5) of U.P. Revenue Code, 2006 is as follows:-
Case No. 841/2023, Computerized Case No. D202305470000841 (Rangi Vs. Gaon Sabha)
6. 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 the interim protection be granted during pendency of appeal / revision if the order under appeal / revision has serious civil consequences.
Paragraph Nos.4 & 5 of the judgment is relevant which is as follows:
"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."
7. Considering the facts and circumstances, the instant petition is finally disposed of directing the respondent no.2, Additional District Magistrate (F/R), Maharajganj to decide the aforementioned appeal under Section 67 (5) of U.P. Revenue Code, 2006 within period of four months after affording proper opportunity of hearing to the parties. It is further directed that till the disposal of the aforementioned appeal, the operation of the order dated 1.6.2023 passed by respondent no.3, Tehsildar (Judicial), Tehsil- Sadar, District Maharajganj shall remain in abeyance.
Order Date :- 4.10.2023
Vipasha
